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Class 

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FISH AND GAME 
LAWS 



Jbv 




MASSACHUSETTS 
1915 



This abstract of the Fish and Game Laws in- 
cludes Acts passed previous to July I, 1915. 



Fish and Game Laws 



OF 



MASSACHUSETTS. 





PUBLISHED BY THE 



Commissioners on Fisheries and Game. 



COMMISSIONERS : 

GEORGE W. FIELD, CHAIRMAN. 
GEORGE H. GRAHAM. 
WILLIAM C. ADAMS. 

Office, Room 158, State House, Bostoii. 
Telephone, Haymarket 2700. 



BOSTON: 

Wright & Potter Printing Co., State Printers. 

32 Derne Street. 

1915. 



fcy transfer 

' C 18 









CONTENTS. 



PAGE 

Brief Abstract, ....... 3 

Notice 7 

Fish Laws. 

Authority of Commissioners on Fisheries and 
Game, etc.: — 

What constitute fisheries laws, ... 7 

Appointment of fish and game commissioners, . 7 
Appointment of local fish and game wardens, . 7 
Protection of crops from insect pests, . . 8 

Authority to remove obstructions to migratory 

fish 8 

Authority of the commissioners and their depu- 
ties to enforce laws, ..... 9 

May require display for inspection, ... 9 
Can arrest without warrant, . . . .10 

Right of search, ...... 10 

Forest and other fires, . . . . .11 

Pulling down stone walls or fences, . . .11 

Regulate brook fishing, . . . . .11 

Commissioners' authority to take fish, . .12 

Commissioners on Fisheries and Game to take 

fish from certain ponds or harbors, . . 12 

Sand eel permits, . . ,, . .13 

Investigations, . . . . . .13 

Colonizing insect-destroying birds within in- 
fested regions, ...... 13 

Protection of property and material used by the 
Commissioners on Fisheries and Game in 
making scientific investigations, . . .13 

Discharge of waste materials into the streams of 

the Commonwealth, ..... 14 



IV 



CONTENTS. 



Fish-ways: — page 

Authority to examine dams and fishways, . . 15 

Notification of dam owners, . . . .16 

Liability of owners, . . . . .16 

Commissioners can build fishways, . . .16 

Settlement of land damages, . . . .17 

Passage over private property, . . .17 

Inspection op Fish: — 

Powers and duties of commissioners, . . 17 

Publication of returns of inspection of fish, . 18 

Fisheries in Great Ponds: — 

Public fishing rights in great ponds, ... 18 
Commissioners may occupy certain ponds, . 18 

Introduction of fish into State waters, . . 19 

Stocking great ponds with food fish, . . .19 

Mill Pond, Yarmouth, 21 

Measurement of ponds, ..... 21 

Private ownership of ponds, . . . .21 

Private ownership of ponds bounded in part by 
public lands, . . . . . .21 

Prohibited apparatus for pond fishing, . . 22 

Control op Fisheries bt Riparian Proprietors: — 

For cultivation of fish, ..... 22 
When fish are private property, . . .23 

Penalty for unauthorized fishing, . . .23 

Definition of navigable stream, . 23 

Governor can fix bounds, . . . .23 

Governor can limit fishing, .... 24 
Proprietor's rights, . . . . .24 

Shad, Herring and Alewives: — 

Prohibits the taking of herring in Hull and Quincy 
bays, Hingham harbor and parts of Boston 
harbor by means of torches or other artificial 
light, ........ 24 

Regulates the taking of fish by means of torches 
or other artificial light in the waters of Win- 
throp, ....... 25 

Prohibits fishing or the setting of nets in the main 

ship channels in Boston harbor, . . .25 



CONTENTS. 



Shad, Herring and Alewives — concluded. page 

Taking herring from the waters of Boston harbor, 26 
Regulates the taking of fish in the waters of 

Hingham harbor, Weymouth Back River, Hull 

Bay and adjacent waters, . . . .26 

Prohibits the taking of herring in Lynn harbor or 

its vicinity by means of torches or other light, 27 
Taking of fish in the waters of Cohasset, Scituate, 

Marshfield, Duxbury, Kingston and Plymouth, 27 
Regulates the taking of fish by means of any kind 

of seines in the waters of Plymouth, Kingston 

and Duxbury, ...... 28 

Use of nets or seines in the waters of the town of 

Winthrop, ....... 29 

Taking of fish in the waters in and about Nahant 

Bay, Beverly harbor and Salem Bay, . . 29 

Rights of towns and cities, . . . .30 

Personal rights, . . . . . . ' 31 

Protecting and perpetuating a certain alewife 

fishery in the town of Sandwich, . . .31 

Rights of the proprietors of the new Mattakessett 

creeks in the great pond in Edgartown, . . 32 

Committee elected by the town of Wareham to 

sell certain alewife fisheries belonging to the 

said town, ....... 33 

Alewife fisheries in the Agawam and Half-way 

Pond rivers in the county of Plymouth, . 34 

Granting of fishing privileges in the Taunton 

Great River and the appointment of fish 

wardens by the city of Fall River, . . 34 

Towns of Rochester, Wareham and Carver to 

regulate the taking of alewives in Weweantit 

River, ....... 35 

Hummock Pond, Nantucket, . . . .35 

Fishing in Connecticut River, . . . .36 

Fishing in Merrimac River, . . . .36 

Regulation of nets in Merrimac River, . . 36 

Methods and times of fishing, . . . .36 

Rights of lessees in Dukes County, . 37 

Leasing of Tisbury Great Pond by the Board of 

Commissioners on Fisheries and Game, . . 37 

Authority of officers on Palmer's River, . . 38 



VI 



CONTENTS. 



Regulation of Fishing near Fishways, with Nets, 
and on Connecticut and Merrimac rivers, 
and elsewhere: page 

On Connecticut River, . .... 39 

On Merrimac River, ..... 39 

Net fishing season, Merrimac River, . . 40 

Gill net fishing prohibited, . . . .40 

Size of mesh, ....... 40 

Size of seine mesh, ...... 40 

When penalties do not apply, . . . .40 

Regulations on Connecticut River, . . .41 

Seining restrictions, . . . . .41 

Restrictions, North River, . . . .42 

Fish wardens in certain towns and cities, . . 42 

Liability for neglect to appoint wardens, . . 42 

Bluefish in Wellfleet Bay, .... 42 

Seining of pollock and spike mackerel, . . 43 

Trout and Salmon: — 

Trout and salmon, ...... 43 

Taking of salmon from Lake Quinsigamond, . 44 
Screens on the Merrimac, . . . .45 

Liability for minors, . . . . .45 

Public waters only to be stocked, . . .45 

Fishing in the waters of Lake Chaubunagunga- 

maug in the town of Webster, . . .46 

White Perch: — 

Taking of white perch, ..... 46 

Pickerel: — 

Legal size of pickerel, . . . . .47 

Apparatus of capture, ..... 47 
Taking and sale of pickerel, . . 47 

Black Bass: — 

Taking and selling of black bass, . . .48 

Smelts: — 

Close season, ....... 48 

Apparatus allowed, . . . . .49 

Exceptions in certain counties, . 49 



CONTENTS. vii 



Smelts — concluded. page 

Prohibited apparatus, . . . . .49 

What constitutes evidence, . . . .49 

Penalties, ....... 50 

Towns of Weymouth and Braintree may regulate 
the taking of smelts in the waters of Weymouth 
Fore River and Weymouth Back River, . 50 

Town of Rowley may regulate taking of smelts, . 52 
Right of search, ...... 52 

Forfeiture of Fish, Boats, etc.: — 

Forfeiture of boats and apparatus, . . .53 

Forfeiture of fish and apparatus, . 53 

Duty of superintendents, clerks and others, . 53 

Pike Perch: — 

Pike perch caught in certain waters, . . 54 

Shiners and Sturgeon: — 

Taking of shiners for bait, . . . .55 

Taking shiners for bait in the Merrimac and 

Connecticut rivers, ..... 55 
Sturgeon nets, ...... 55 

Eels, Clams, Quahaugs and Scallops: — 

Taking of scallops, ...... 56 

City and town jurisdiction, . . . .57 

Quahaugs in Eastham, Orleans and Wellneet, . 58 

Cultivation of shellfish, ..... 59 

Planting, cultivating and bedding quahaugs, . 60 
Planting and cultivating clams and quahaugs 

in the town of Barnstable, . . . .63 

Planting and cultivating of clams and quahaugs 

in the county of Barnstable, . 65 
Taking of clams in and around the shores of 

Plymouth, Kingston and Duxbury, . . 67 

Protection of shellfish in the town of Dartmouth, 68 
The Commonwealth may lease to cities and towns 

in the county of Essex the right to take clams, 69 



Vlll 



CONTENTS. 



Lobsters, Tatjtog and Other Fish: — page 

Egg lobsters, ..... 

Town officers to enforce preceding section, 

Legal length of lobsters, . 

Mutilation unlawful, 

T ansportation of lobsters, 

Sale of lobsters and lobster meat, 

Detail of district police, . 

Right of search, .... 

Catching of lobsters restricted to residents 

Commissioners' rights, 

Penalty, ..... 

Non-residential prohibition upon taking lobsters 
and fish in Fairhaven, New Bedford, Dart- 
mouth and Westport, . 

Territorial definition, 

Penalty, .... 

Transportation from Provincetown, 

Limitation in Buzzard's Bay, . 

Authorizing purchase of egg-bearing lobsters, 

Oysters and Other Shellfish: — 

Oysters, .... 

Cultivation of oysters, 

Town officials may grant permits, 

Penalties and permits, 

Rights of Indians and fishermen, 

Oyster licenses, 

Limits of areas, 

Public hearings, 

Who can have a license, . 

Rights of licensee, . 

Revocation of license, 

Prohibition of night fishing, 

Penalties, .... 

Trespass forbidden, 

Pollution, .... 

Taking clams and quahaugs for bait from con- 
taminated waters, 

Penalties, .... 

A board of shellfish commissioners for New Bed- 
ford and Fairhaven, ..... 88 



CONTENTS. ix 



Oysters and Other Shellfish — concluded. page 

To authorize the shellfish commissioners for the 
city of New Bedford and the town of Fair- 
haven to issue permits for the taking of mol- 
lusks for bait, ...... 93 

Relative to the size of mollusks which may be 
taken from waters under the jurisdiction of 
the shellfish commissioners for the city of New 
Bedford and the town of Fairhaven, . . 94 

Shellfish for bait, ...... 94 

Protection of shellfish, Edgartown, . . .95 

regulation of flsh weirs, nets, purse and 
Sweep Seines: — 

Authority to construct, . . . . .96 

Penalty for injury, ...... 96 

Penalty for non-authorized construction, . . 96 

Statistical returns of fishing, . . . .96 

Close time for net fishing, . . . .97 

Taking of fish in Lynn harbor, . . .98 

The taking of flounders and other ground fish by 
certain apparatus in the vicinity of Pemberton 
point and Pig rock prohibited, . . .98 

Beam trawling in Boston harbor prohibited, . 99 
Taking fish in the waters of the city of Salem, . 99 
Traps prohibited in Buzzard's Bay, . . .99 

Nets prohibited in Buzzard's Bay, . . . 100 

Penalties, ....... 100 

When nets are nuisances, .... 100 

Fishing rights in Buzzard's Bay, . . . 100 

Limits of Buzzard's Bay, .... 100 

Authorizes the taking of flounders by means of 
dredges and trawls in the waters of the town 
of Edgartown, . . . . . .101 

Restrictions, Edgartown and Cottage City, . 101 

To repeal an act relative to the taking of fish in 

the waters of Tisbury and elsewhere, . . 102 

Restrictions in the waters of Barnstable and 

Mashpee on Nantucket Sound, . . • . 102 

Restrictions, Pleasant Bay, Orleans, . . . 103 

Restrictions, Westport, ..... 104 

Fish wardens, Westport, ..... 104 



CONTENTS. 



Regulation of Fish Weirs, etc. — concluded. page 

Fish wardens, Edgartown, .... 104 

Regarding eel bait, Edgartown, . . . 105 

General Provisions: — 

Penalty for robbing pots, trawls, etc., . . 105 

Apparatus for taking fish which frequent fresh 

water, ....... 106 

Penalty for using dynamite or poisonous sub- 
stances for taking or killing fish, . . . 106 
Shellfish constables, ..... 106 

Time of prosecutions, ..... 107 

Duties of municipal officers, etc., . . . 107 

Disposition of fines recovered in prosecutions 
under the laws relating to fisheries, birds, 

animals and game, ..... 107 

Special statutes not repealed, .... 108 

Bounty on seals abolished, .... 108 

Kelp and seaweed, ... . . . . 108 

Federal Regulations Relative to Migratory 

Birds modify Massachusetts Laws, . . 109 

Game Laws. 

Preservation of Certain Birds and Animals: — 

Licensing and registration of hunters and dispo- 
sition of the license fees, . . . .110 
Aliens not to hunt or have firearms. Exceptions, 115 
Lord's day, close season, . . . . .116 
Governor may proclaim a close season for game 

in times of drouth, . . . . .117 

Ruffed grouse and woodcock, . . . .118 

Quail, 119 

Quail; killing in Essex County prohibited, . 119 

Gray, European or Hungarian partridge, . . 120 

Protection of loons and eagles, . . .120 

To prevent the extermination of the heath hen, 
so called, ....... 120 

Authorizes the taking of certain unimproved land 
upon the island of Martha's Vineyard for the 
protection of pinnated grouse and other birds, 121 



COXTENTS. xi 



Preservation of Certain Birds and Animals — 

continued. page 

Prohibits the sale of prairie chickens, . . 123 

Protection and importation of wild turkeys, . 123 
Relative to the protection of wood or summer 

duck, 123 

State reservations are refuges for birds and game, 124 
Establishment of State bird and game preserves 
and the protection and propagation of wild 

birds and quadrupeds, ..... 12-4 

To protect wild game and to encourage its 

propagation, ...... 127 

Protection of ducks, geese, brant and swans, . 130 
Limits the number of black ducks that may be 

taken in any one day, ..... 132 

Bag limit on gray squirrels, ruffed grouse, wood- 
cock and quail, ...... 132 

Shooting wild ducks and geese in Dukes County, 132 
Pursuit and shooting of wild fowl in certain 

waters of the town of Edgartown, . . . 133 
Hunting wild ducks or geese on fresh-water ponds 

in the county of Dukes County, . . . 133 
Live decoys prohibited for hunting water fowl in 

the county of Nantucket, .... 134 

Protecting upland plover, wild pigeons, gulls and 

terns, ....... 134 

Protection of certain marsh birds, . . . 135 

Protection of shore, marsh and beach birds, . 135 

Relative to certain birds of prey, . . . 136 

Bodies or feathers of certain birds, . . . 138 

Protection of homing pigeons, .... 138 

Special game laws in Bristol County made uni- 
form with the general laws, .... 138 

Gray squirrels, ...... 139 

Hares and rabbits, ...... 139 

Use of traps, snares, torches, swivel guns, power- 
boats, etc., illegal, ..... 141 

To prohibit the poisoning and snaring of wild 

animals and regulate the use of traps, . . 142 
Trapping with scented bait forbidden, . .142 

Shooting, Plymouth Bay, .... 143 

Trespass, ....... 143 



xii CONTENTS. 



Preservation of Certain Birds and Animals — 

concluded. page 

Ownership of game, ..... 143 

Killing of pheasants, ..... 143 

The taking or killing of deer, .... 144 

Protection of deer from dogs, .... 147 
Prohibiting the hunting of birds or quadrupeds 

with rifles, revolvers or pistols during the open 

season for deer, ...... 147 

Recovery for damages caused by wild deer, . 148 

Authority of commissioners, .... 149 

Disposal of fines, ...... 149 

Game not to be transported out of State, . . 149 
Introduction of foxes or raccoons into Dukes 

County prohibited, ..... 150 

English sparrows to be killed, .... 150 
A bounty for killing a wild cat, Canada lynx or 

loupcervier, ...... 151 

List of Closed Ponds, ..... 152 

Deputy Fish and Game Commissioners, their 

Districts and Telephone Numbers, . . 154 

Cities and Towns, with District, . . . 156 



FISH AND GAME LAWS 



OF 



MASSACHUSETTS, 
1915. 



FISH. Penalties. 

WHITE PERCH in stocked ponds. Limit 7 
inches: 10 pounds to one person: 15 pounds 
to two or more persons in one day, . . $25 

BLACK BASS closed season April 1 to June 

20, inclusive. Limit 8 inches, . . . $10 

PICKEREL closed season March 1 to April 30, 

inclusive. Limit 10 inches, .... $10 

TROUT AND SALMON closed season August 
1 to following March 31, inclusive ; Trout 
limit 6 incites, Salmon limit 12 inches. Sale 
of wild fish prohibited. Salmon in Lake 
Quinsigamond : closed season October 1 to 
March 31, inclusive, and closed daily 2 hours 
after sunset to 1 hour before sunrise. Limit 
12 inches: 1ft pounds to one person or 25 
pounds to two or more persons. Sale pro- 
hibited, $25 

SMELT closed season March 15 to May 30, 

inclusive. Hook and line only permitted, . $1 

LOBSTERS, alive, limit 9 inches; boiled, limit 
8 3-4 inches; not to be mutilated; or taken 
when bearing eggs. Shipments by common 
carrier must be marked, $5 — 100 

FISH frequenting fresh water may be taken 
by hook and line only. Limit 10 hooks. 
Hooks not to be arranged as a trawl, . . $20 — 50 

Fish or Spawn not to be introduced into 
public waters except by permit from Fish 
and Game Commission, $50 

Explosives, Poisons and Pollution prohibited 

in fishing waters, $500 



GAME SEASONS. 



GAME. 

Unnaturalized foreign born residents may not hunt, cap= 
ture or kill any wild bird or animal, or own or have 
in possession a shot gun or rifle, except that such 
residents owning real estate valued at $500 are 
eligible for a $15 alien hunters license. Penalty $50, 
thirty days in jail or both, and forfeit firearms. Town 
and city clerks issue licenses for hunting : non-resident, 
$10 ; resident, $1. License revoked for one year upon 
conviction of violation. 

PROHIBITED Penalties. 

HUNTING on the Lord's Day, or on posted land 

or State Reservations, . . . . . $10 — 20 

SENDING OR CARRYING GAME OUT OF 

THE STATE, $10 — 20 

FERRETING, SNARING OR POISONING, . $10 — 20 

SALE of all Species of Wild Birds and Game 

Quadrupeds (except Hares and Rabbits;, $20 — 50 

EGGS OR NESTS of birds protected by law 

not to be taken or disturbed, . . . $10 — 50 

Hunting, Importing or Liberating Wild 

Turkeys, . $20 

Gray or Hungarian Partridge not to be 

hunted or killed $50 

MAY BE TAKEN 

Ruffed Grouse, Woodcock* and Quail open 
season Oct. 12 to Nov. 12, inclusive. Limit: 
Ruffed grouse, 3 in one day, 15 in one 
season; quail and woodcock, 4 in one day, 
20 in one season. QUAIL not to be taken 
in Essex County until 1919. State law rules 
in case of woodcock, $20 

PHEASANTS open season 1915, October 12 to 
November 12, inclusive, in counties of 
Barnstable, Norfolk, Middlesex, Essex, 
Worcester, Hampden, Berkshire. Limit 
2 in one day, 6 in one season. Killing 
to be reported in writing to Commission 
within twenty-four hours, stating day, 
town, number and sex killed, . . $50 



GAME SEASONS. 



Penalties. 
DEER not to be chased by dogs. Open season 
sunrise of third Monday of November to 
sunset of following Saturday. Limit one 
deer. Only shotguns to be used. Killing 
to be reported in writing to Commission 
within twenty-four hours, stating day, town 
and sex. Deer killed in this State not to be 
sold. Moose protected at all times, . . $100 

HARES AND RABBITS open season October 
12 to February 28, inclusive. Permit to 
trap rabbits injuring property may be 
obtained from the Commission, . . . $10 

GRAY SQUIRRELS open season October 12 to 
November 12, inclusive, unless doing dam- 
age to buildings or crops. Limit, 5 in one 
day, 15 in one season, $10 

STARS indicate modifications made by 

* FEDERAL REGULATIONS. Penalty 

for violation: $100, 90 days, or both. 

* PLOVER, SNIPE AND RAIL open season 

August 15 to November 30, inclusive. 
Winter and Summer yellow legs, golden 
plover and black breasted plover, jacksnipe 
and rail only to be taken, .... $20 

* DUCKS, GEESE AND BRANT open season 

October 1 to December 31, inclusive. 
Black ducks. Limit : 15 in one day. Loons 
not to be hunted on fresh water, . . . $20 

* MIGRATORY BIRDS. Daily closed season, 

sunset to sunrise. 

* INSECTIVOROUS and Song Birds, Wood 

Duck, Swans, Wild Pigeons, Pinnated 
Grouse (Heath Hen), Upland Plover, 
Piping and Killdeer Plover, Herons, 
Bittern, Eagles, Fish Hawks, Marsh Hawks, 
Small Owls, Gulls and Terns not to be killed, 
captured or held in possession at any time, 
or feathers used for millinery purposes, . $10 — 100 



The above is not a complete transcript of the Fish 
and Game Laws. It is intended merely as a concise 
statement of the provisions most likely to be of 
general interest. 



NOTICE 



The fish and game laws have not been codified and 
revised systematically and effectively since 1886 (chap- 
ter 48, Resolves of 1886). It should be understood, 
therefore, that this is not a complete compilation, 
but includes general laws and a few of the special 
laws which are most consulted. 



FISH LAWS. 



Revised Laws, Chap. 91. 

AUTHORITY OF COMMISSIONERS ON 
FISHERIES AND GAME, ETC. 

What constitute fisheries laws. 

Section 1. All laws relative to the culture, 
preservation, capture or passage of fish shall be 
known as the laws relative to fisheries. 

Appointment of fish and game commissioners. 

Section 2. There shall be a board of commis- 
sioners on fisheries and game consisting of three 
persons who shaH be appointed by the governor, 
with the advice and consent of the council, for 
the term of five years from the time of their 
appointments and who shall be removable at the 
pleasure of the governor. 

See also on page 149, section 19, chapter 92, 
Revised Laws, and page 17, section 14, chapter 
91, Revised Laws. 

Acts of 1912, Chap. 465, as amended by Acts op 1913, 

Chap. 250. 

Appointment of local fish and game wardens. 

Section 1. The board of commissioners on 
fisheries and game is hereby authorized, upon 



8 FISH LAWS. 



written application made by the city govern- 
ment of a city or the selectmen of a town, to 
appoint in each city or town in the common- 
wealth applying therefor a fish and game 
warden, who shall have powers and duties 
identical with those of the present salaried deputy 
commissioners, and who shall act under the 
authority and instructions of the commissioners. 
The annual compensation of every such warden, 
not exceeding fifty dollars, shall be paid by the 
city or town in which he is appointed. 

Section 2. The appointments made under 
section one of this act shall be from a list of 
names to be submitted to the board of commis- 
sioners on fisheries and game by the city gov- 
ernment of a citv or the selectmen of a town. 



Acts of 1913, Chap. 296. 
Protection of crops from insect pests. 

Cities by a vote of the city council, and towns 
by a vote at town meeting, may appropriate 
money for the protection and encouragement 
of birds which live upon insects injurious to 
crops and trees. Such protection and encourage- 
ment may include the appointment and payment 
of bird wardens. 



AS AMENDED BY ACTS OF 1905, CHAP. 407. 

Authority to remove obstructions to migratory fish. 

Section 3. The commissioners are em- 
powered to appoint deputies, and each of the 
commissioners, the deputies of the commis- 
sioners or members of the district police may 
enforce the laws regulating fisheries; and may 
seize and remove, summarily if need be, all 
illegal obstructions to the passage of migratory 
fish except dams, mills or machinery, at the 
expense of the persons using or maintaining the 
same. 



FISH LAWS. 



Acts of 1908, Chap. 417. 

Authority of the commissioners and their deputies to 
enforce laws. 

Section 1. The commissioners on fisheries 
and game and their salaried deputies shall have 
and exercise throughout the commonwealth for 
the enforcement of the laws relating to fish, 
birds and mammals, all the powers of constables, 
except the service of civil process, and of police- 
men and watchmen. The said salaried deputies 
when on duty shall wear, and shall display as a 
token of authority, a metallic badge bearing the 
seal of the commonwealth and the words " Dep- 
uty Fish and Game Commissioner." 

Section 2. Any person not being a salaried 
deputy of said commission on fisheries and game 
who shall possess or wear the abbve described 
badge shall be punished by a fine of ten dollars 
for every such offence. 

Section 3. The commissioners on fisheries 
and game, with the approval of the governor, may 
in writing authorize any of their salaried depu- 
ties to have in possession and carry a revolver, 
club, billy, handcuffs and twisters, or such other 
weapon or article as may be required in the per- 
formance of their official duty. 



Acts of 1908, Chap. 255. 
May require display for inspection. 

A commissioner on fisheries and game or any 
duly authorized deputy commissioner, receiving 
a salary from the commonwealth, may request 
of any person whom said commissioner or deputy 
commissioner reasonably believes to be engaged 
in the taking, killing, hunting or snaring of fish, 
birds or animals, contrary to law, that such per- 
son shall forthwith display for the inspection of 
such commissioner or deputy commissioner, any 
and all fish, birds and animals then in his pos- 
session; and upon refusal to comply with such 



10 FISH LAWS. 



request said commissioner or duly authorized 
deputy commissioner may arrest without warrant 
the person so refusing. 

Can arrest without warrant. 

Section 4. The commissioners and their 
deputies, members of the district police and all 
officers qualified to serve criminal process may 
arrest without warrant any person whom they 
find violating any of the fish or game laws, except 
that persons engaged in the business of regularly 
dealing in the buying and selling of game as an 
article of commerce shall not be so arrested for 
having in possession or selling game at their usual 
places of business. 

Acts of 1904, Chap. 3G7, as amended by Acts of 1910, Chap. 

54S. 
Right of search. 

Section 1. Any commissioner on fisheries 
and game, deputy commissioner on fisheries and 
game, or member of the district police, maj' - , 
with or without a warrant, search any boat, car, 
box, locker, crate or package, and any building, 
where he has reason to believe any game or fish 
taken or held in violation of law is to be found, 
and may seize any game or fish so taken or held, 
and any game or fish so taken or held shall be 
disposed of by the commissioners on fisheries and 
game as they may deem advisable for the best 
interests of the commonwealth: provided, how- 
ever, that this section shall not authorize entering 
a dwelling house, or apply to game or fish which 
is passing through this commonwealth under au- 
thority of the laws of the United States. 

Section 2. A court or justice authorized to 
issue warrants in criminal cases shall, upon com- 
plaint under oath that the complainant believes 
that any game or fish unlawfully taken or held is 
concealed in a particular place, other than a 
dwelling house, if satisfied that there is reason- 
able cause for such belief, issue a warrant to 



FISH LAWS. 11 



search therefor. The search warrant shall desig- 
nate and describe the place to be searched and the 
articles for which search is to be made, and shall 
be directed to any officer named in section one of 
this act, commanding him to search the place 
where the game or fish for which he is required 
to search is believed to be concealed, and to seize 
such game or fish. 

Acts of 1907, Chap. 299. 

Forest and other fires. 

The commissioners on fisheries and game and 
their duly authorized deputies may arrest with- 
out a warrant any person found in the act of 
unlawfully setting a fire. Said commissioners 
and their deputies may require assistance accord- 
ing to the provisions of section twenty of chapter 
thirty-two of the Revised Laws, and they shall 
take precautions to prevent the progress of forest 
fires, or the improper kindling thereof, and upon 
the discovery of any such fire shall immediately 
summon the necessary assistance, and notify the 
forest fireward of the town. 

Acts of 1911, Chap. 173. 
Pulling' down stone walls or fences. 

The commissioners on fisheries and game and 
their duly authorized deputies may arrest with- 
out a warrant any person found in the act of 
wilfully pulling down a stone wall or fence, or 
otherwise violating the provisions of section 
ninety-one of chapter two hundred and eight of 
the Revised Laws. 

Regulate brook fishing. 

Section 5. If the owner of land within which 
a brook is wholly or partly situated agrees that 
such brook or part thereof shall be open to the 
public after the expiration of three years as here- 
inafter provided, the commissioners may, upon 
petition of thirty or more inhabitants of a city or 



12 FISH LAWS. 



town within which such brook is wholly or partly 
situated, including such owner, or upon petition 
of the mayor and aldermen of such city or the 
selectmen of such town and such owner, cause 
such brook to be stocked with food fish; and 
shall then make reasonable regulations, which 
shall be in force for a period of not more than 
three years, relative to fishing in such brook, may 
affix penalties of not more than twenty dollars 
for each violation thereof and shall cause such 
regulations to be enforced. There shall be al- 
lowed and paid annually from the treasury of the 
commonwealth an amount not exceeding five 
hundred dollars to carry out the provisions of 
this section. 

Commissioners' authority to take fish. 

Section 6. The commissioners may take fish 
or cause them to be taken at any time or in any 
manner for purposes connected with fish culture 
or scientific observation. 

Acts of 1913, Chap. 521. 

Commissioners on fisheries and game to take fish 
from certain ponds or harbors. 

Section 1. The board of commissioners on 
fisheries and game is hereby authorized, for 
purposes of protection or investigation, to take 
fish or cause fish to be taken at any time from 
Eastern harbor, so-called, in the town of Truro, 
and from Laurel lake in the towns of Lee and 
Lenox, and to dispose of the fish so taken in 
such manner as the board may deem best, the 
proceeds of any sale thereof to be paid into the 
treasury of the commonwealth. 

Section 2. Any damage to the property of 
any person or corporation occasioned by any 
act done under authority hereof shall be de- 
termined in the manner in which damages for 
land taken or injured in the laying out of high- 
ways are determined, and shall be paid from the 
treasury of the commonwealth. 



FISH LAWS. 13 



AS AMENDED BY ACTS OF 1902, CHAP. 164. 

Sand eel permits. 

Section 7. The board of commissioners on 
fisheries and game may issue permits for the 
taking of sand eels in the tidal waters of the Merri- 
mac and Ipswich rivers and Plum Island sound, 
and their tributaries. Said permits shall be 
issued without an}' fee therefor, and shall be 
revocable at the discretion of the commissioners. 

Acts of 1902, Chap. 178. 
Investigations. 

The authority of the commissioners on fisheries 
and game shall extend to the investigation of 
questions relating to fish and fisheries, or to game, 
and they may from time to time, personally or by 
assistants, institute and conduct inquiries per- 
taining to such questions. 

Acts of 1911, Chap. 217. 

Colonizing insect-destroying birds within infested 
regions. 

The commissioners on fisheries and game are 
hereby authorized to make an investigation of 
the means by which those birds which feed upon 
gypsy moths, brown tail moths, leopard moths, 
cut worms, and other noxious insects, can be in- 
creased or colonized within infested regions or in 
special locations. 

Acts of 1906, Chap. 327. 

Protection of property and material used by the com- 
missioners on fisheries and game in rnaking scien- 
tific investigations. 

Whoever wilfully and without right enters in or 
upon any building or other structure or any area 
of land or water set apart and used by or under 
authority of the commissioners on fisheries and 
game for conducting scientific experiments or in- 
vestigations after said commissioners have caused 



14 FISH LAWS. 



printed notices of such occupation and use and 
the purposes thereof to be placed in a conspicuous 
position adjacent to any such areas of land or 
water or upon any such building or other struc- 
ture, and any person who wilfully and maliciously 
injures or defaces any such building or other 
structure or any notice posted as aforesaid, or 
injures or destroys any property used in such ex- 
periments or investigations, or otherwise inter- 
feres therewith, shall be punished by imprison- 
ment for not more than six months or by a fine 
of not more than two hundred dollars. And 
said commissioners and their deputies are hereby 
authorized to arrest without warrant any person 
found violating the provisions of this act. 

Acts of 1910, Chap. 460. 

Discharge of waste materials into the streams of the 
commonwealth. 

Section 1. If the commissioners on fisheries 
and game determine that the fisheries of any 
brook or stream in this commonwealth may be 
of sufficient value to warrant the prohibition 
or regulation of the discharge or escape of saw- 
dust, shavings, garbage, ashes, acids, sewage, dye 
stuffs, and other waste material from any par- 
ticular sawmill, manufacturing or mechanical 
plant, or dwelling house, stable or other building, 
which may, directly or indirectly, materially in- 
jure such fisheries, they may by an order in writ- 
ing to the owner or tenant of such sawmill, manu- 
facturing or mechanical plant, dwelling house, 
stable or other building prohibit or regulate the 
discharge or escape of sawdust, shavings, garbage, 
ashes, acids, sewage, dye stuffs, and other waste 
material therefrom into such brook or stream. 
Such order may be revoked or modified by them 
at any time. Before any such order is made 
said commissioners shall, after reasonable notice 
to all parties in interest, give a public hearing in 
the county where the sawmill, manufacturing or 
mechanical plant, dwelling house, stable or other 



FISH LAWS. 15 



building to be affected by the order is located, at 
which hearing any citizens shall have the right 
to be heard on the questions to be determined by 
the commissioners. Upon petition of the party 
aggrieved by such order, filed within six months 
after the date thereof, the superior court, sitting 
in equity, may, after such notice as it may deem 
sufficient, hear all interested parties and annul, 
alter or affirm the order. If such petition is 
filed by the party aggrieved by said order within 
ten days after the date thereof said order shall 
not take effect until altered or affirmed as afore- 
said. Whoever, having so been notified, dis- 
charges sawdust, shavings, garbage, ashes, acids, 
sewage, dye stuffs, and other waste materials, or 
suffers or permits it to be discharged or to escape 
from said plant under his control into a brook or 
stream in violation of the order of said commis- 
sioners, or of said court, if an appeal is taken, 
shall be punished by a fine of not more than 
twenty-five dollars for the first offence and of 
fifty dollars for a second offence. 

Section 2. Section eight of chapter ninety- 
one of the Revised Laws, as amended by chapter 
three hundred and fifty-six of the acts of the 
year nineteen hundred and six, is hereby repealed. 

Section 3. This act shall take effect on the 
first day of January in the year nineteen hundred 
and eleven. 

FISHWAYS. 

AS AMENDED BT ACTS OF 1904, CHAP. 365. 

Authority to examine dams and fishways. 

Section 9. The commissioners may examine 
all dams upon rivers where the law requires fish- 
ways to be maintained, or where in their judg- 
ment fishways are needed, and they shall deter- 
mine whether the fishways, if any, are suitable 
and sufficient for the passage of the fish in such 
rivers, or whether in their judgment a fish way is 
needed for the passage of fish over any dam; 
and shall prescribe by an order in writing what 



16 FISH LAWS. 



changes or repairs, if any, shall be made therein, 
and where, how and when a new fishway must be 
built, and at what times the same shall be kept 
open, and shall give notice to the owners of the 
dams accordingly. The supreme judicial court, 
or the superior court, shall, upon the petition of 
the commissioners, have jurisdiction in equity or 
otherwise to enforce any order made in accord- 
ance with the provisions of this section, and to 
restrain any violation of such order. 

Notification of dam oirners. 

Section 10. Such owners shall be notified by 
serving upon them a copy of the order; and a cer- 
tificate of the commissioners that service has 
been so made shall be deemed sufficient proof 
thereof. 

Liability of oxmers. 

Section 11. Any owner of such a dam who 
refuses or neglects to keep open or maintain a 
fishway at the times prescribed by the commis- 
sioners shall forfeit fifty dollars for each day of 
such refusal or neglect. 

Commissioners can build fislwrays. 

Section 12. If, in the opinion of the commis- 
sioners, a passage for edible fish should be pro- 
vided, or if any one of the commissioners finds 
that there is no fishway or an insufficient fishway 
in or around a dam where a fishway is required by 
law to be maintained, any one of the commis- 
sioners may, in his discretion, enter with work- 
men and materials upon the premises of the 
person required to maintain a fishway there and 
may, at the expense of the commonwealth, if in 
the opinion of the commissioners the person 
required by law to construct .or maintain such 
fishway is not able to afford such expense, im- 
prove an existing: fishway, or cause one to be 
constructed if none exists, and may, if necessary, 
take the land of any other person who is not 



FISH LAWS. 17 



obliged by law to maintain said fish way; and if 
a fishway has been constructed in accordance 
with the provisions of this section, the commis- 
sioners shall not require the owner of the dam 
to alter such fishway within five years after the 
completion thereof. 

Settlement of land damages. 

Section 13. All damages which are caused 
by taking land as provided in the preceding sec- 
tion, shall, upon the application of either party, 
be estimated in the same manner as land which 
has been taken for a highway and shall be paid 
by the commonwealth. Said expense shall be a 
charge against the person who is required by law 
to construct and maintain such fishway and shall 
be recovered in an action of contract in the name 
of the commonwealth, with costs and with in- 
terest at the rate of twelve per cent per annum. 

Passage over private property. 

Section 14. Each of the commissioners may, 
in the performance of his duties, enter upon and 
pass through or over private property. 

INSPECTION OF FISH. 

Acts of 1902, Chap. 138. 
Powers and duties of commissioners. 

Section 1. The office of inspector general of 
fish is hereby abolished. 

Section 2. The powers and duties heretofore 
conferred and imposed upon the inspector gen- 
eral of fish are hereby conferred and imposed 
upon the board of commissioners on fisheries and 
game. 

Section 3. Said board may appoint in every 
town in which fish is packed for expert, inspec- 
tors of fish, who shall be sworn before them or 
before a justice of the peace, and shall give bond 
to them with sufficient sureties, and be removable 
at the discretion of said board. Each inspector 



18 FISH LAWS. 



shall once in six months make the returns to said 
board necessary to carry into effect the pro- 
visions of chapter fifty-six of the Revised Laws. 

Section 4. The inspectors of fish shall have 
the powers and perform the duties heretofore 
conferred and imposed upon the deputy in- 
spectors of fish, but shall pay to the commis- 
sioners on fisheries and game the proportion of 
fees formerly paid to the inspector general of fish. 
Said commissioners shall pay the fees received 
from the inspectors into the treasury of the com- 
monwealth on the first Monday of January and 
the first Monday of July in each year, and shall 
include a brief statement of the work of fish 
inspection and of the fees received therefor, in 
their annual report. 

Section 5. Sections three and four of chapter 
fifty-six of the Revised Laws are hereby repealed. 

Acts of 1903, Chap. 196. 
Publication of returns of inspection of fish. 

Section 1. Section five of chapter fifty-six of 
the Revised Laws, which provides for an annual 
return and publication relative to the inspection 
of fish, is hereby repealed. 

FISHERIES IN GREAT PONDS. 
Public fishing rights in great ponds. 

Section 15. The fishery of a pond, the area of 
which is more than twenty acres, shall be public, 
except as hereinafter provided; and all persons 
shall, for the purpose of fishing, be allowed 
reasonable means of access thereto. 

Commissioners may occupy certain ponds. 

Section 16. The commissioners may occupy, 
manage and control not more than six great 
ponds, except such as have revested in the com- 
monwealth for breach of the terms and con- 
ditions of any lease thereof, for the purpose of 
cultivating useful fish and of distributing them 



FISH LAWS. 19 



within the commonwealth; and may occupy not 
more than one-tenth part thereof with en- 
closures and appliances for the purpose of such 
cultivation; but this privilege shall not affect any 
public rights to such ponds, other than the right 
of fishing, and the appliances and enclosures 
shall be so placed as not to debar ingress to or 
egress from such ponds at proper places. 

Section 17. If the commissioners determine 
so to occupy and improve any such pond, they 
shall post a notice of such purpose in a public 
place in the town or towns in which said pond is 
situated and file a like notice in the office of the 
clerk of each of said towns and in the office of the 
secretary of the commonwealth. The affidavit 
of an officer qualified to serve civil process that 
such notice has been posted shall be deemed full 
proof thereof. 

Section 18. After such notice has been so 
filed and posted, any violation of any of the 
rights of said commissioners under the pro- 
visions of section sixteen shall be punished as 
provided in section twenty-nine. 

Acts of 1911, Chap. 185. 
Introduction of fish into state waters. 

Section 1. It shall be unlawful to put in any 
of the public waters, or in any waters connecting 
therewith, any species of fish, or the roe, spawn 
or fry thereof, without having first secured the 
written approval of the commissioners on fish- 
eries and game. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine not ex- 
ceeding fifty dollars. 

Acts of 1911, Chap. 285. 
Stocking great ponds with food fish. 

Section 1. The board of commissioners on 
fisheries and game, upon the petition of the 
mayor and aldermen of a city or of the select- 
men of a town within which a great pond or a 



20 FISH LAWS. 



part thereof is situated, shall cause the pond to 
be stocked with such food fish as the board judges 
to be best suited to the waters thereof : provided, 
that a public hearing upon the matter has pre- 
viously been given within such city or town by 
the mayor and aldermen, or by the selectmen, 
notice of which, at least ten days before the day 
of the hearing, has been posted in three or more 
public places and published in a newspaper in 
such city or town, if there be any, and if not, then 
in a newspaper published in the county in which 
the pond is situated. In a town such a hearing 
need not be given, if the town at an annual or a 
special meeting has instructed the selectmen to 
file such a petition. When a great pond is not 
situated wholly within a cit}'" or town, the board 
of commissioners on fisheries and game shall not 
proceed under the provisions of this act with 
respect to that pond, unless a majority of the 
cities and towns bordering upon that pond have 
filed petitions as aforesaid. The board shall 
thereupon prescribe, for a period not exceeding 
three years, such reasonable regulations relative 
to fishing in the pond and its tributaries, with such 
penalties not exceeding twenty dollars for one 
offence, as they deem to be for the public in- 
terest, and shall cause such regulations to be 
enforced; but the provisions of this act shall not 
apply to ponds used as sources of public water 
supply. The commissioners may restock such 
pond and may extend such reasonable regula- 
tions for periods not exceeding three years each 
whenever they receive a petition therefor as 
herein provided. Five hundred dollars shall an- 
nually be appropriated by the commonwealth 
to carry out the provisions of this section. 

Section 2. Section nineteen of chapter 
ninety-one of the Revised Laws, as amended by 
chapter two hundred and seventy-four of the 
acts of the year nineteen hundred and three, and 
by chapter three hundred and six of the acts of 
the year nineteen hundred and seven, is hereby 
repealed. 



FISH LAWS. 21 



Mill pond, Yarmouth. 

Section 20. The commissioners may occupy 
and control Mill pond, in the town of Yarmouth, 
for the purpose of cultivating food fish for dis- 
tribution within the commonwealth. Whoever, 
without the written consent of the commis- 
sioners, fishes in said pond in any other manner 
than with hand line and single hook, shall forfeit 
not less than fifty nor more than two hundred 
dollars for the first offence, and not less than one 
hundred nor more than two hundred dollars for 
any subsequent offence. 

Measurement of ponds. 

Section 21. The county commissioners shall, 
in July, upon the request and at the expense of 
any persons who claim to be interested in a great 
pond, cause a measurement thereof to be made 
which shall be recorded in the office of the town 
clerk of each town within which such pond is 
situated; and no arm or branch shall be included 
as a part of a pond unless it is at least fifty feet 
in width and one foot in depth. 

Section 22. The selectmen of a town may 
measure ponds which are wholly within their 
town, in the manner provided in the preceding 
section, and such measurement shall be recorded 
in the office of the town clerk. 

Private ownership of ponds. 

Section 23. The riparian proprietors of any 
pond, the area of which is not more than twenty 
acres, and the proprietors of any pond or parts 
of a pond created by artificial flowing shall have 
exclusive control of the fisheries therein. 

Private ownership of ponds bounded in part by pub- 
lic lands. 

Section 24. A pond which is not more than 
twenty acres in area and is bounded in part by 
land belonging to a town or county shall become 



22 FISH LAWS. 



the exclusive property of the individual pro- 
prietors as to the fisheries therein only upon 
payment to the town treasurer, county commis- 
sioners or treasurer and receiver general of a just 
compensation for their respective rights therein, 
to be determined by three persons, one of whom 
shall be a riparian proprietor of said pond, one 
the chairman of the board of selectmen, if the 
rights of a town are in question, or of the county 
commissioners, if the rights of a county or of the 
commonwealth are in question, and one to be 
appointed by the commissioners on fisheries and 
game. 

Section 25. Whoever, without the written 
consent of the proprietor or lessee of a natural 
pond, the area of which is not more than twenty 
acres, or of an artificial pond of any size, in 
which fish are lawfully cultivated and main- 
tained, takes any fish therefrom, shall forfeit 
not more than twenty-five dollars for each 
offence. 

As AMENDED BY ACTS OF 1904, CHAP. 308. 

Prohibited apparatus for pond fishing. 

Section 20. Whoever draws, sets, stretches 
or uses a drag net, set net, purse net, seine or 
trawl, or whoever sets or uses more than ten 
hooks for fishing, in any pond, or aids in so doing, 
shall be punished by a fine of not less than twenty 
nor more than fifty dollars. The provisions of 
this section shall not affect the rights of riparian 
proprietors of ponds mentioned in section twenty- 
three or the corporate rights of any fishing com- 
pany. 

CONTROL OF FISHERIES BY RIPARIAN 
PROPRIETORS. 

For cultivation of fish. 

Section 27. A riparian proprietor of an un- 
navigable stream may, within the limits of his 
own premises, enclose the waters thereof for the 



FISH LAWS. 23 



cultivation of useful fish if he furnishes a suitable 
passage for migratory fish naturally frequenting 
such waters. 

When fish are private property. 

Section 28. Fish which are artificially prop- 
agated or maintained shall be the property of 
the person propagating or maintaining them. A 
person who is legally engaged in their culture and 
maintenance may take them in his own waters 
at pleasure, and may have them in his possession 
for purposes properly connected with said culture 
and maintenance, and may at all times sell them 
for these purposes, but shall not sell them for 
food at seasons when their capture is prohibited 
by law. 

Penalty for unauthorized fishing. 

Section 29. Whoever, without the permis- 
sion of the proprietors, fishes in that portion of a 
pond, stream or other water in which fish are law- 
fully cultivated or maintained shall forfeit not 
less than one nor more than twenty dollars for the 
first offence, and not less than five nor more than 
fifty dollars for any subsequent offence. 

Definition of navigable stream. 

Section 30. For the purposes of this chapter, 
no tidal stream shall be considered navigable 
above the point where, on the average through- 
out the year, it has a channel less than forty feet 
wide and four feet deep during the three hours 
nearest the hour of high tide. 

Governor can fix bounds. 

Section 31. The governor, with the advice 
and consent of the council, may, for the pur- 
poses of this chapter, arbitrarily fix and define 
the tidal bounds and mouths of streams upon the 
recommendation of the commissioners on fish- 
eries and game. 



24 FISH LAWS. 



Governor can limit fishing. 

Section 32. The governor may, in like man- 
ner, limit or prohibit, for not more than five 
years at any one time, fishing in the navigable 
tidal waters and in the unnavigable waters of 
specified streams, except in such portions as may 
be enclosed according to provisions of section 
twenty-seven; and whoever fishes in streams 
where the right of fisliing is thus limited or pro- 
hibited shall forfeit ten dollars for the first offence 
and fifty dollars for each subsequent offence. 

Proprietor's rights. 

Section 33. The riparian proprietor on an 
unnavigable tidal stream, enclosed or unenclosed, 
in which fish are lawfully cultivated or main- 
tained shall have the control of the fishery thereof 
within his own premises and opposite thereto to 
the middle of the stream, and a riparian pro- 
prietor at the mouth of such stream, shall also 
have control of the fishing thereof beyond and 
around the mouth of the stream so far as the 
tide ebbs, if it does not ebb more than eighty 
rods; and whoever fishes within these limits 
without permission of such owner shall forfeit not 
less than one nor more than twenty dollars for 
the first offence and not less than five nor more 
than fifty dollars for each subsequent offence. 

SHAD, HERRING AND ALEWIVES. 

Acts of 1908, Chap. 298. 

Prohibits the taking of herring in Hull and Quincy 
bays, Hingham harbor and parts of Boston har- 
bor by means of torches or other artificial light. 

Section 1. It shall be unlawful for any person 
to display torches or other light designed or used 
for the purpose of taking herring in Hull bay, 
Quincy bay, Hingham harbor, or in any waters 
southerly of a line drawn from Moon Island to 
Pemberton. 

Section 2. Whoever violates the provisions 
of this act shall, for a first offence, be punished by 



FISH LAWS. 25 



a fine of not less than fifty nor more than two 
hundred dollars or by imprisonment for not less 
than six nor more than twelve months, or by both 
such fine and imprisonment, and for a second 
offence, by both said fine and imprisonment. 

Acts of 1911, Chap. 164. 

Regulates the taking of fish by means of torches or 
other artificial light in the waters of Winthrop. 

Section 1. It shall be unlawful for any per- 
son to display torches or other light designed or 
used for the purpose of taking herring or other 
fish in any waters of the town of Winthrop: pro- 
vided, however, that the selectmen of said town 
may grant permits for the display of torches or 
other lights for the purposes aforesaid within the 
limits of the town, with such restrictions as in 
their judgment will prevent the same from con- 
stituting a nuisance; and they may at any time 
revoke any such permit. 

Section 2. Whoever violates the provisions 
of this act shall be punished for a first offence by 
a fine of not less than fifty nor more than two 
hundred dollars or by imprisonment for not less 
than six nor more than twelve months, or by 
both such fine and imprisonment, and for a 
second offence by both such fine and imprison- 
ment. 

Acts of 1913, Chap. 98. 

Prohibits fishing or the setting of nets in the main 
ship channels in Boston harbor. 

Section 1. It shall be unlawful to fish or 
for that purpose to set any line trawl, seine or 
net of any kind in the main ship channels in 
Boston harbor. 

Section 2. For the purposes of this act the 
term "main ship channels" shall mean that 
part of the harbor in which the anchoring of 
vessels is forbidden by the regulations of the 
harbor master. 

Section 3. Whoever violates the provisions 
of this act shall be punished by a fine of not 



26 FISH LAWS. 



more than one hundred dollars, or by imprison- 
ment for a term not exceeding three months, or 
by both such fine and imprisonment. 

Acts of 1913, Chap. 519. 
Taking herring from the waters of Boston harbor. 

Section 1. It shall be unlawful for any 
person to display torches or other light designed 
or used for the purpose of taking herring in so 
much of the waters of Boston harbor as lies 
within the limits of the city of Boston inside of 
a line drawn from Moon Island to Point Shirley: 
provided, however, that the commissioners on 
fisheries and game may grant permits for the 
display of torches or other lights for the purpose 
aforesaid, but only on the waters aforesaid, 
with such restrictions as in their judgment will 
prevent the same from constituting a nuisance; 
and said commissioners may at any time revoke 
any such permit. 

Section 2. Whoever violates the provisions 
of this act shall, for a first offence, be punished 
by a fine of not less than fifty nor more than 
two hundred dollars, or by imprisonment for 
not less than six nor more than twelve months, 
or by both such fine and imprisonment, and, for 
a second offence, by both said fine and imprison- 
ment. 

Acts of 1914, Chap. 309. 

Regulates the taking of fish in the waters of Hingham 
harbor, Weymouth Back river, Hull bay and adjacent 
waters. 

Section 1. No person shall set, draw, use, 
or attempt to set, draw, or use any net, seine, 
trap or other device for catching any fish by 
other than a naturally or artificially baited 
hook in Hingham harbor, Hull bay, Weymouth 
Back river, or in any cove, bay, inlet or tributary 
thereof : provided, that the selectmen of Hingham, 
Weymouth and Hull may, by joint action, grant 
permits for the purpose aforesaid within ^ said 
waters, with such restrictions as, in their judg- 



FISH LAWS. 27 



merit, will prevent the same from constituting 
or causing a nuisance; and they may at any 
time revoke any such permit. The provisions of 
this act shall not prohibit the use of traps for 
the catching of lobsters. 

Section 2. Whoever violates the provisions 
of this act shall be punished, for a first offence, 
by a fine of not less than one hundred nor more 
than three hundred dollars, or by imprisonment 
for not less than six nor more than twelve 
months, or by both such fine and imprisonment, 
and, for a second offence, by both such fine and 
imprisonment. 

Acts of 1909, Chap. 194. 

Prohibits the taking of herring in Lynn harbor or its 
vicinity by means of torches or other light. 

Section 1. No person shall display torches 
or other light designed or used for the purpose of 
taking herring or other fish in Lynn harbor and 
its vicinity, from a line drawn from Bass Point in 
the town of Nahant to Ocean Pier in the town of 
Revere, or in Saugus river or Pines river, so- 
called, or in any tributary thereof. 

Section 2. Whoever violates the provisions 
of this act shall be punished for a first offence by 
a fine of not less than fifty nor more than two 
hundred dollars or by imprisonment for not less 
than six nor more than twelve months, or by both 
such fine and imprisonment, and for a second 
offence by both such fine and imprisonment. 

Acts of 1912, Chap. 449, amended by Acts of 1913, Chap. 

124. 

Taking of fish in the waters of Cohasset, Scituate, 
Marshfield, Duxbury, Kingston and Plymouth. 

Section 1. It shall be unlawful for any 
person to display torches or other light designed 
or used for the purpose of taking herring or 
other fish in any of the waters of Cohasset, 
Scituate and Marshfield, or in the waters of 
Duxbury and Plymouth harbors westerly of a 



28 FISH LAWS. 



line drawn from Pier Head to Saquish Head, or 
in the waters of the town of Kingston: provided, 
however, that the selectmen of the towns of 
Scituate, Marshfield, Duxbury, Kingston and 
Plymouth may grant permits for the display of 
torches or other light for the purposes aforesaid, 
within the limits of their respective towns as 
herein described, except that no permits shall be 
granted for the above named purposes in the 
waters of Scituate southwesterly of a line drawn 
from Little Black Rock to Gull Island, with such 
restrictions as in their judgment will prevent 
the same from constituting a nuisance; and 
they may at any time revoke any such permit. 
Section 2. Permits granted under the pro- 
visions of this act shall be good only for the 
person to whom the permit is granted. Such 
permits shall not be transferable, and shall not 
authorize the taking of fish by any agent or 
employee of the person to whom the permit is 
granted. 

Acts op 1913, Chap. 449. 

Regulates the taking of fish by means of any kind of 
seines in the waters of Plymouth, Kingston and 
Duxbury. 

Section 1. It shall be unlawful for any 
person to do any seining or to use any kind of 
seines for the purpose of taking herring or other 
fish in any of the waters of Plymouth, Kingston 
and Duxbury harbors westerly of the line from 
Pier Head to Saquish Head: provided, however, 
that the selectmen of the towns of Plymouth, 
Kingston and Duxbury may grant permits for 
the use of seines for the purpose aforesaid, within 
the limits of their respective towns as herein 
described, with such restrictions as in their 
judgment will prevent the same from constituting 
a nuisance; and they may at any time revoke 
any such permit. 

Section 2. Whoever violates any provision 
of this act shall be punished, for a first offence, 
by a fine of not less than fifty nor more than 



FISH LAWS. 29 



two hundred dollars, or by imprisonment for 
not less than six nor more than twelve months, 
or by both such fine and imprisonment, and for 
a second offence by both such fine and imprison- 
ment. 

Acts op 1914, Chap. 257. 

Use of nets or seines in the waters of the town of 
Winthrop. 

Section 1. It shall be unlawful for any 
person to use any net or seine in any waters of 
the town of Winthrop, except that the select- 
men of the town may grant permits for the 
purpose aforesaid, with such restrictions as in 
their judgment will prevent the exercise of the 
permit from constituting a nuisance, and they 
may at any time revoke any such permit. 

Section 2. Whoever violates the provisions 
of this act shall be punished for a first offence 
by a fine of not less than one hundred nor more 
than two hundred dollars, or by imprisonment 
for not less than six nor more than twelve 
months, or by both such fine and imprisonment, 
and for a second offence, by both such fine and 
imprisonment. 

Acts of 1909, Chap. 291. 

Taking of fish in the waters in and about Nahant 
bay, Beverly harbor and Salem bay. 

Section 1. It shall be unlawful for any per- 
son to display torches or other light designed or 
used for the purpose of taking herring or other 
fish, in Nahant bay, Beverly harbor, Salem bay, 
or in the vicinity or in any inlet therein, or in any 
waters westerly and northwesterly of a line drawn 
from East Point, Nahant, to Egg Rock, to/Ram 
island, to Tinker's island, to Lowell island, to 
Baker's island, to the eastern end of Great Misery 
island, then to the southern point of Gale's Head, 
Manchester, including Manchester harbor and 
Bass river, Beverly, and its tributaries: provided, 
however, that the boards of health of the cities of 
Beverly and Salem and of the towns of Danvers, 



30 FISH LAWS. 



Manchester and Marblehead may grant permits 
for the display of torches or other light for the 
purpose aforesaid, within the limits of their re- 
spective cities and towns during the months of 
October to April, inclusive, of any year, with such 
restrictions as in their judgment will prevent the 
same from constituting a nuisance; and they may 
at any time revoke any such permit. 

Section 2. Whoever violates any provision 
of this act shall, for a first offence, be punished by 
a fine of not less than fifty nor more than two hun- 
dred dollars or by imprisonment for not less than 
six months nor more than twelve months, or by 
both such fine and imprisonment; and for a sec- 
ond offence, by both such fine and imprisonment. 

Rights of towns and cities. 

Section 34. A city or town may open ditches, 
sluiceways or canals into any pond within its 
limits for the introduction and propagation of 
herring or alewives, and for the creation of 
fisheries for the same ; and land for opening such 
ditches, sluiceways or canals within such city or 
town may be taken according to the provisions 
of law for the taking of land for highways. 

Section 35. A city or town which creates 
such fishery shall own it, may make regulations 
concerning it and may lease it for not more than 
five years, upon such terms as may be agreed 
upon. A town may lease for a like period, and 
upon like terms, any fishery owned by it or any 
public fishery regulated and controlled by it. 

Section 36. Whoever takes, kills or hauls on 
shore any herring or alewives in a fishery created 
by a city or town, without its permission or that 
of its lessees, or in a fishery created by a corpo- 
ration, without the permission of such corpora- 
tion, shall forfeit not less than five nor more than 
fifty dollars. Prosecutions under the provisions 
of this section shall be commenced within thirty 
days after the commission of the offence. 



FISH LAWS. 31 



Personal rights. 

Section 37. The provisions of the three pre- 
ceding sections shall not impair the rights of any 
person under any law passed before the twenty- 
fifth day of April in the year eighteen hundred 
and sixty-six or under any contract then existing 
or authorize a city or town to enter upon or build 
canals or sluiceways into a pond which is the 
private property of a person or corporation. 

Acts of 1913, Chap. 113. 

Protecting and perpetuating a certain alewife fishery 
in the town of Sandwich. 

Section 1. Alexander K. Crocker of Barn- 
stable, his heirs and assigns, shall have for the 
term of ten years from May ninth, nineteen 
hundred and fourteen, the exclusive right to 
take and catch' ale wives in the stream known as 
"Mill River", from its sources in the "Shawme 
Lakes or Ponds", so-called, through the marshes 
in the town of Sandwich to the waters of Cape 
Cod bay: provided, that the said Crocker, his 
heirs and assigns, shall construct and maintain 
a good and sufficient passageway over or around 
the dam or dams which now are or may here- 
after be erected upon said stream to enable fish 
to enter the ponds above such dam or dams, 
and shall keep .such passageway open and un- 
obstructed from the first clay of April to the 
fourteenth day of June, inclusive, of each year. 

Section 2. Said Crocker, and his heirs and 
assigns, may catch alewives during two thirds 
of the period specified in section one, that is to 
say, upon fifty days out of the seventy-five 
days between the first day of April and the 
fourteenth day of June, inclusive, of each year. 

Section 3. Any person taking alewives in 
said Mill river or in said lakes or ponds without 
the written consent of the said Crocker, or of his 
heirs and assigns, shall, upon the complaint of 
said Crocker, or of his or any of his heirs or 
assigns, or of any person in his behalf, forfeit 



32 FISH LAWS. 



not less than ten nor more than twenty dollars 
for each otience. Half of every such forfeiture 
shall be paid to said Crocker or to his heirs or 
assigns. 

Acts of 1914, Chap. 281. 

Rights of the proprietors of the new Mattakessett 
creeks in the great pond in Edgartown. 

Section 1. The Proprietors of the New 
Mattakessett Creeks, a corporation established 
by law in the town of Edgartown, are hereby 
authorized to catch fish for the period of ten 
years from the termination of the "additional 
rights" granted to them by chapter one hundred 
and sixteen of the acts of the year eighteen 
hundred and ninety-six in the Great pond, so- 
called, in said town, by means of nets, seines, 
drag-seines, traps or pounds, as said corporation 
may determine: provided, however, that the 
said corporation shall not catch any fish, other 
than alewives, in said Great pond in the ways 
aforesaid, except during the months of January, 
February and March. 

Section 2. Before the first day of February 
in each of the said ten years, the said corporation 
shall pay into the treasury of the town of Edgar- 
town for the use of the town the sum of one 
hundred dollars. 

Section 3. Whoever, other than said cor- 
poration, catches or takes fish in said Great pond, 
except by naturally or artificially baited hook 
and line, or by spear, shall forfeit one dollar for 
each fish so caught or taken, and whoever, other 
than said corporation, catches or takes or 
attempts to catch or take fish in said Great 
pond, except by naturally or artificially baited 
hook and line, or by spear, shall forfeit all seines, 
boats or other apparatus used in catching or 
taking or attempting to catch or take fish from 
said Great pond. The forfeiture for fish caught 
or taken may be enforced in an action of tort 
brought by any person, or by criminal com- 
plaint on behalf of the commonwealth, and in 



FISH LAWS. 33 



either case the proceeds from such forfeiture 
shall be paid to the county of Dukes County. 
For the purpose of enforcing the forfeiture thereof 
any person may seize and keep all seines, boats 
and other apparatus used in the catching or 
taking of fish, or in attempting to catch or take 
fish in said Great pond contrary to the pro- 
visions of this act, and the forfeiture of seines, 
boats and other apparatus so seized or taken 
shall be enforced in accordance with the pro- 
visions of chapter two hundred of the Revised 
Laws, except that after the disposition of said 
seines, boats or other apparatus, the proceeds 
shall be paid into the treasury of the county. 

Acts op 1914, Chap. 59. 

Committee elected by the town of Wareham to sell 
certain alewife fisheries belonging to the said town. 

Section 1. The committee chosen by the 
town of Wareham to act jointly with the com- 
mittee chosen by the town of Plymouth in 
selling at public auction the privilege of taking 
the fish called alewives and shad in the Agawam 
and Half-Way Pond rivers in the county of 
Plymouth in pursuance of the provisions of 
chapter eighty-nine of the acts of the year 
eighteen hundred and sixty shall hereafter be 
elected by the town of Wareham at its regular 
annual March meeting, and the members of the 
committee shall be nominated and elected in the 
same manner in which the other town officers 
are nominated and elected. There shall be no 
election of the said committee in the month of 
November in the current year, as is provided 
by said chapter eighty-nine, but the members of 
the committee now in office shall continue to 
hold office until their successors are elected in 
accordance with the provisions of this act in 
March, nineteen hundred and fifteen. 

Section 2. This act shall be submitted to 
the voters of the town of Wareham at the annual 



34 FISH LAWS. 



town meeting in March in the current year, 
and shall thereupon take effect if accepted by 
a majority of the voters voting thereon, but 
the first election hereunder of the said com- 
mittee shall not take place until the annual 
town meetmg in March, nineteen hundred and 
fifteen. 

Acts of 1914, Chap. 86. 

Alewife fisheries in the Agawam and Half- Way Pond 
rivers in the county of Plymouth. 

Section 1. The joint committee elected by 
the towns of Plymouth and Wareham, in accord- 
ance with the provisions of chapter eighty-nine 
of the acts of the year eighteen hundred and 
sixty, to sell at public auction the privilege of 
taking the fish called alewives and shad in the 
Agawam and Half-Way Pond rivers in the 
county of Plymouth may sell the said privilege 
for such periods not exceeding five years as the 
committee may fix, and in case they sell the 
said privilege in any year for a period greater 
than one year, the succeeding sale shall occur 
in the same year in which the said privilege 
expires. The said joint committee shall have 
the right to reject any and all bids. 

Section 2. So much of the said chapter 
eighty-nine as is inconsistent herewith is hereby 
repealed. 

Acts of 1914, Chap. 176. 

Granting of fishing privileges in the Taunton Great 
river and the appointment of fish wardens by the 
city of Fall River. 

Section 1. The city of Fall River may sell 
at public auction or at private sale the privilege 
of taking shad and alewives in the Taunton 
Great river or other fishing privileges therein if 
the city by its city council so votes. The sale 
of said privileges shall be made in such manner 
as the city council shall prescribe. 

Section 2. Said city of Fall River may, by 
vote of the city council, choose certain fish 



FISH LAWS. 35 



wardens in pursuance of the powers granted to 
it under chapter four hundred and one of the 
acts of the year eighteen hundred and fifty-five. 
Section 3. All provisions of said chapter 
four hundred and one inconsistent herewith, in 
so far as they affect the city of Fall River, are 
hereby repealed. 

Acts of 1915, Chap. 1, Gex. 

Towns of Rochester, Wareham and Carver to regulate 
the taking of alewives in We we ant it river. 

Section 1. The committees chosen by the 
towns of Rochester, Wareham and Carver to 
act jointly in selling at public auction the 
privilege of taking alewives in the Weweantit 
river in the county of Plymouth in pursuance of 
chapter sixty-nine of the acts of the year seven- 
teen hundred and ninety-seven, approved March 
first, seventeen hundred and ninety-eight, shall 
hereafter be elected by the said towns at their 
annual town meetings, and the members of the 
committee shall be nominated and elected in the 
same manner in which other town officers are 
nominated and elected. 



Acts op 1904, Chap. 232. 
Hummock pond, Nantucket. 

Section 1. The inhabitants of the island of 
Nantucket may take alewives or herring with 
seines or nets in Hummock pond, south of the 
bridge in the said island, from the tenth clay of 
March to the thirty-first day of May, inclusive, 
in each year; but all fish, other than alewives or 
herring, caught or taken in such seines or nets 
shall immediately be put back in the water 
whence they were taken. 

Section 2. Any person violating the pro- 
visions of this act, by failing to put back imme- 
diately as aforesaid fish other than alewives or 
herring caught or taken as aforesaid, shall be 



35 FISH LAWS. 



punished by a fine of not less than twenty nor 
more than fifty dollars. 

Section 3. So much of section twenty-six of 
chapter ninety-one of the Revised Laws as is in- 
consistent herewith is hereby repealed. 

Fishing in Connecticut river. 

Section 38. Whoever takes or aids in taking 
from the Connecticut river or its tributaries any 
shad or alewives between the first day of July and 
the fifteenth day of March shall forfeit one hun- 
dred dollars for each offence. 

Fishing: in Merrimac river. 

Section 39. Whoever, from the first day of 
March to the thirty-first day of May, takes ale- 
wives above tidal waters in the Merrimac river 
or any tributary thereof between sunrise on 
Friday morning and sunrise on Monday morning 
shall, except as provided in section forty-one, 
forfeit for each alewife so taken not less than one 
nor more than five dollars. 

Section 40. No person shall take shad in the 
Merrimac river in any manner between the first 
day of July and the first day of April. 

Regulation of nets in Merrimac river. 

Section 41. Whoever takes shad or alewives 
in that part of the Merrimac river where the 
tide ebbs and flows, by the use of a gill net of any 
description, or of a sweep seine having a mesh 
which stretches less than one and three-quarters 
inches, shall forfeit twenty-five dollars for each 
offence. 

Methods and times of fishing. 

Section 42. Whoever takes shad or alewives, 
except in the Connecticut, Taunton Great, 
Nemasket and Merrimac rivers and their tribu- 
taries, in any other manner than by naturally or 
artificially baited hook and hand line, on Sun- 
day, Tuesday or Thursday, and whoever, between 



FISH LAWS. 37 



the fifteenth day of June and the first day of 
March, takes shad, except in the Connecticut and 
Merrimac rivers, or alewives, shall forfeit for 
each shad five dollars, and for each alewife 
twenty-five cents. 

Rights of lessees in Dukes County. 

Section 43. Lessees from the commissioners 
on fisheries and game of any body of water in the 
county of Dukes County and all other persons 
having the right to take alewives in any other 
waters in said county may at any time take ale- 
wives from said waters and from the ditches con- 
necting them with each other and with the ocean. 
Whoever, other than said lessees or any other 
person duly authorized, takes any fish, except 
eels, from any of said waters or ditches without 
the previous permission in writing of said lessees 
or of said duly authorized persons shall forfeit one 
dollar for each fish so taken. 

Acts of 1910, Chap. 529. 

Leasing of Tisbury Great Pond by the board of com- 
missioners on fisheries and game. 

Section 1. The board of commissioners on 
fisheries and game may in the name of the com- 
monwealth lease from time to time until January 
first, nineteen hundred and twenty, for a term 
not exceeding five years at any one time, the 
pond known as Tisbury Great Pond, in the county 
of Dukes County, with the arms, coves and bays 
connected therewith, for the purpose of cultivat- 
ing useful fishes, on such terms and conditions as 
may seem to them expedient: provided, that 
nothing herein shall affect the right of any citizen 
of the commonwealth to take fish in said pond or 
in the waters connected therewith by hook and 
line, according to the laws now or hereafter in 
force relating to the taking of fish by hook and 
fine. 

Section 2. Before making such lease or 



38 FISH LAWS. 



leases the commissioner shall appoint a time 
and place for a hearing upon the application 
therefor and shall give notice of the hearing to 
every town within the limits of which any part 
of said pond lies. 

Section 3. The rental of said pond, arms, 
bays and coves shall be one hundred and twenty- 
five dollars a year, payable by the lessees thereof 
on the first day of March annually to the treas- 
urers of the towns of West Tisbury and Chilmark, 
one half part to each. 

Section 4. Any town within the limits of 
which any part of said pond lies may for the 
purpose of cultivating useful fishes take a lease 
of said pond and appropriate money therefor, at 
the rental aforesaid and upon such conditions as 
may be agreed upon by such town and the afore- 
said commissioners, provided that the said pond 
is not already leased. 

Section 5. The commissioners may fix the 
limits of the said pond and the arms, coves and 
bays connected therewith, which limits being 
recorded in the registry of deeds for said county 
shall be taken to be the legal limits thereof for 
all the purposes of this act. 

Section 6. The commissioners shall have the 
custody of all such leases, and may cause any 
agreements, rights, reservations, forfeitures and 
conditions therein contained to be enforced, and 
for that purpose may institute proceedings in the 
name of the commonwealth and may take pos- 
session of any premises for breach of condition 
of such lease, and after revesting the common- 
wealth therewith may again lease the same. 



Acts of 1904, Chap. 132. 

Authority of officers on Palmer's river. 

Section 1 . The sheriff of the county of Bristol 
or any of his deputies, or any constable or fish 
warden of either of the towns of Swansea and 
Rehoboth, may without a warrant arrest any 



FISH LAWS. 39 



person whom he finds in the act of talcing herring, 
aiewives or shad from the waters of Palmer's 
river in either of said towns in violation of the 
provisions of chapter one hundred and thirty of 
the acts of the year eighteen hundred and thirty- 
six, or of chapter ninety-two of the acts of the 
year eighteen hundred and fifty-two, and may 
detain such person in a place of safe keeping until 
a warrant can be procured upon a complaint 
against him for said offence: provided, that the 
detention without a warrant shall not exceed 
twenty-four hours. 

Section 2. Whoever violates the provisions 
of either of said chapters shall, in addition to the 
forfeitures therein provided, forfeit the seines 
or nets used in such unlawful taking of herring, 
aiewives or shad. 



REGULATION OP FISHING NEAR FISHWAYS, 
WITH NETS, AND ON CONNECTICUT AND MER- 
RIMAC RIVERS AND ELSEWHERE. 

On Connecticut river. 

Section 44. Whoever takes any fish within 
two hundred yards of any fishway on the Con- 
necticut river or its tributaries, or trespasses 
within the limits of such fishway, shall forfeit fifty 
dollars for each offence. Whoever takes any 
fish beyond two hundred and within four hun- 
dred yards of any such fishway, in any other man- 
ner than by artificially or naturally baited hook 
and line, shall forfeit twenty-five dollars for each 
fish so taken. 

On Merrimac river. 

Section 45. Whoever takes any fish within 
four hundred yards of any fishway on the Mer- 
rimac river, or trespasses within the limits of 
such fishway, shall forfeit fifty dollars for each 
offence. 



40 FISH LAWS. 



Net fishing season, Merrimac river. 

Section 46. Whoever, from the last day of 
May to the first day of March, uses a net of any 
description in the waters of the Merrimac river or 
any tributary thereof shall forfeit twenty-five 
dollars for each offence. 

Gill net fishing prohibited. 

Section 47. Whoever uses a gill net of any 
description in the waters of the Connecticut or 
Merrimac river or any tributary thereof shall 
forfeit twenty-five dollars for each offence. 

Size of mesh. 

Section 48. Whoever, in taking herring or 
mackerel, except with a dip net, in Mill river and 
its tributaries in the city of Gloucester or the 
towns of Essex and Ipswich, or in Plum Island 
river and its tributaries in the towns of Ipswich, 
Rowley or Newbury, uses a net or seine having a 
mesh of less than one and three-quarters inches 
shall be punished by a fine of twenty-five dollars 
for each offence. 

Size of seine mesh. 

Section 49. Whoever uses in the Connecticut, 
Westfield, Deerfield, Miller's, Merrimac, Nashua 
or Housatonic rivers, or any tributary thereof, a 
sweep seine having a mesh which stretches less 
than five inches shall forfeit twenty-five dollars 
for the first offence, and fifty dollars for each sub- 
sequent offence. 

When penalties do not apply. 

Section 50. The penalties prescribed by this 
chapter for unlawful fishing in the Merrimac river 
shall not apply to any person who draws a net or 
seine with a mesh not less than two and one- 
quarter inches after the twentieth day of June in 



FISH LAWS. 41 



each year at any point in said river below the 
Essex-Merrimac bridge, unless he takes salmon 
or shad, nor if, while thus lawfully fishing, he 
takes such fish and immediately returns it alive to 
the waters from which it was taken. 

Regulations on Connecticut river. 

Section 51. Whoever, between the fifteenth 
day of March and the first day of July, sets or 
uses, or aids in setting or using, in the Connecticut 
river, a pound, weir or set net the meshes whereof 
are less than two inches in extent, or between sun- 
set on Saturday and sunrise on Monday sets or 
draws, or aids in setting or drawing, a seine for 
the purpose of taking fish in said river, and any 
person owning or controlling in whole or in part a 
pound, weir or set net of an} r description, placed in 
said river, who, between sunset and sunrise as 
aforesaid, fails to keep the same open and free for 
the passage of fish in a manner satisfactory to the 
commissioners on fisheries and game shall forfeit 
four hundred dollars for each offence; and, in 
addition, shall forfeit such pounds, weirs and set 
nets. 

Seining restrictions. 

Section 52. Whoever uses a sweep seine or 
combination of sweep seines in such a manner as 
at any moment to close or seriously obstruct more 
than two-thirds of the width of a stream at the 
place where it is used, or delays or stops in paying 
out or hauling a sweep seine, or hauls a sweep 
seine within one-half mile of a point where such 
seine has been hauled within an hour, shall for- 
feit twenty-five dollars for the first offence, and 
fifty dollars for each subsequent offence; but the 
provisions of this section shall not apply to seines 
used in the smelt fisheries, or to the fisheries for 
shad or alewives in the Taunton Great river, or to 
the fisheries in North river in the county of 
Plymouth. 



42 FISH LAWS. 



Restrictions, North river. 

Section 53. Whoever sets a seine or combi- 
nation of seines over three hundred and eighty- 
five feet in length, or casts a mesh net over three 
hundred and fifty feet in length, in the North 
river in the county of Plymouth shall for each 
offence be punished by a fine not less than twenty- 
five nor more than one hundred dollars or by im- 
prisonment for not less than one nor more than 
three months. 

Fish wardens in certain towns and cities. 

Section 54. The ma} r or and aldermen of 
cities and the selectmen of towns bordering on the 
Connecticut or Merrimac river shall appoint and 
fix the compensation of one or more fish wardens 
within their respective cities and towns, who 
shall, respectively, make complaint of all offences 
under the provisions of sections thirty-eight, 
forty-four, forty-five and fifty-one. 

Liability for neglect to appoint wardens. 

Section 55. A city or towii whose mayor and 
aldermen or selectmen neglect to appoint and fix 
the compensation of such fish wardens shall 
forfeit not less than one hundred nor more than 
five hundred dollars. 



Bluefish in Wellfleet bay. 

Section 56. Whoever takes any bluefish in 
the waters of Wellfleet bay in the town of Well- 
fleet with nets or seines, north and east of 
Smalley's bar inside of a line drawn from Smal- 
ley's bar buoy east-southeast to the eastern 
shore and west-northwest to the western shore, 
shall forfeit one dollar for each bluefish so taken 
or be punished by a fine of not more than one 
hundred dollars. 



FISH LAWS. 43 



Acts op 1915, Chap. 49, Gen. 
Seining of pollock and spike mackerel. 

Section 1. It shall be unlawful to seine in 
the harbors and rivers of the Commonwealth 
pollock weighing less than three quarters of a 
pound, or spike mackerel weighing less than 
one quarter of a pound. 

Section 2. Violation of any provision of this 
act shall be punished by a fine of not less than 
twenty-five nor more than fifty dollars, or by 
not less than thirty days' nor more than sixty 
days' imprisonment for each offence, or by both 
such fine and imprisonment. 

Section 3. AH acts and parts of acts in- 
consistent herewith are hereby repealed. 

TROUT AND SALMON. 

Acts of 1909, Chap. 377, as amended by Acts of 1910, 

Chap. 469. 
Trout and salmon. 

Section 1. It shall be unlawful for a person 
at any time to buy or sell or offer for sale a trout 
except as hereinafter provided, or to take or have 
in possession trout or salmon between the first 
day of August in any year and the first day of 
April of the year following, or to sell or offer for 
sale or have in possession between the above- 
named dates salmon taken in this Commonwealth, 
or to take a trout or salmon otherwise than by 
naturally or artificially baited hook and hand 
line ; or to have in possession at any time a trout 
less than six inches or a salmon less than twelve 
inches in length, unless such trout less than six 
inches or such salmon less than twelve inches 
was taken by a person lawfully fishing, and is im- 
mediately returned alive in the water whence it 
was taken. 

Section 2. Upon written application to the 
commissioners on fisheries and game permission 
shall be granted to any person to buy and sell or 
have in possession, at any season of the year, 
trout artificially propagated and maintained, 



44 FISH LAWS. 



under such rules and regulations, approved by 
the governor and council, as may be made from 
time to time by the commissioners. 

Section 3. Any person violating any provi- 
sion of this act, or any rule or regulation made as 
aforesaid, shall be punished by a fine not exceed- 
ing twenty-five dollars for each offence, and the 
commissioners on fisheries and game may, in 
case of a violation of any rule or regulation made 
by them, suspend or revoke any license or permit 
granted by them under authority of this act. 

Section 4. Sections fifty-seven, fifty-eight 
and fifty-nine of chapter ninety-one of the Re- 
vised Laws, chapter one hundred and ninety of 
the acts of the year nineteen hundred and five, 
chapters two hundred and sixty-three and three 
hundred and fourteen of the acts of the year nine- 
teen hundred and six, chapter two hundred and 
ninety-six of the acts of the year nineteen hun- 
dred and seven, and all acts and parts of acts in- 
consistent herewith are hereby repealed. 

Acts of 1915, Chap. 218, Gen. 
Taking of salmon from Lake Quinsigamond. 

Section 1. It shall be lawful, subject to the 
provisions of this act, to take, by angling only, 
in Lake Quinsigamond, and only between one 
hour before sunrise and two hours after sunset, 
from the first day of April to the thirtieth day 
of September, both dates inclusive, salmon not 
less than twelve inches long, and to have the 
same in possession but not for purposes of sale: 
provided, however, that when a person takes a 
salmon which brings the total weight of salmon 
caught by him in any one day up to fifteen 
pounds, he shall take no more salmon on that 
day, or, if two or more persons are angling from 
one boat, when a salmon is taken which brings 
the total weight of salmon caught by any or 
all of them in any one day up to twenty-five 
pounds, no more salmon shall be taken on that 
day by any of them. 



FISH LAWS. 45 



Section 2. So much of section one of chapter 
three hundred and seventy-seven of the acts of 
the year nineteen hundred and nine, as amended 
by section one of chapter four hundred and 
sixty-nine of the acts of the year nineteen hundred 
and ten, as is inconsistent herewith shall not be 
applicable to the taking of salmon in Lake 
Quinsigamond, and chapter fifty-nine of the 
general acts of the year nineteen hundred and 
fifteen is hereby repealed. 

Section 3. Whoever violates any provision 
of this act shall be subject to a fine of not more 
than twenty dollars for each fish taken in 
violation thereof. 

Screens on the Merrimac. 

Section 60. The commissioners on fisheries 
and game shall, during April, May and June, for 
the better protection of salmon fry in the Merri- 
mac river, cause wire screens to be erected and 
maintained at the entrance of the canals in 
Lowell and Lawrence at the expense of the com- 
panies owning and operating said canals. 

Liability for minors. 

Section 61. If a minor takes a trout in any 
other manner than by hook and line in a town 
which accepts the provisions of this section or has 
accepted the corresponding provisions of earlier 
laws, his guardian shall forfeit one dollar for each 
trout so taken; but all prosecutions under the 
provisions of this section shall be commenced 
within thirty days after the commission of the 
offence. 

Public waters only to be stocked. 

Section 65. No person, corporation or asso- 
ciation shall be provided by the commonwealth 
with trout or trout spawn to stock waters owned 
or leased by him or them or under his or their con- 
trol unless he or they first agree in writing with 
the commissioners on fisheries and game that 



46 FISH LAWS. 



such waters so stocked shall be free for the public 
to fish in during the season in which the taking of 
trout is permitted by law. 

Acts of 1896, Chap. 110, as amended by Acts op 1914, 

Chap. 392. 

Fishing in the waters of Lake Chaubunagun- 
gamaug in the town of Webster. 

Section 1. Whoever takes or catches any fish 
in the waters of Lake Chaubunagungamaug in 
the town of Webster, between the first day of 
March and the twentieth day of June in each 
year, shall be punished by a fine not exceeding 
twenty dollars for each offence. 

Section 2. This act shall take effect upon 
its passage. 

WHITE PERCH. 

Acts op 1915, Chap. 54, Gen. 
Taking of white perch. 

Section 1. It shall be lawful for any person 
to take white perch from ponds that have been 
stocked, by the fish and game commissioners, 
with white perch and to have the same in 
possession: provided, that no perch less than 
seven inches long is taken and that the taking is 
by angling only; and provided, also, that a total 
of not more than ten pounds of white perch is 
taken in any one day, except that if the last 
fish caught increases the total weight of the 
fish caught to more than ten pounds the last 
fish so taken may lawfully be kept, and provided, 
also, that when two or more persons are angling 
from the same boat or raft they shall not take 
more in the aggregate than fifteen pounds, 
except that if the last fish caught increases the 
total weight of the fish caught by such persons 
to more than fifteen pounds, the last fish so 
taken may lawfully be retained. 

Section 2. Violation of the provisions of 
this act by taking white perch in a manner or 
to an extent contrary to the provisions of this 



FISH LAWS. 47 



act shall be punished by a fine of not more than 
twenty-five dollars and five dollars additional 
for every fish taken or had in possession contrary 
to the provisions hereof. 

PICKEREL. 

As AMENDED BY ACTS OF 1904, CHAP. 329. 

Legal size of pickerel. 

Section 67. Whoever takes from the waters 
of this commonwealth a pickerel less than ten 
inches in length, or sells or offers for sale, or has 
in his possession, with intent to sell any such 
pickerel, shall forfeit one dollar for each pickerel 
so taken, held in possession, sold or offered or 
exposed for sale; and in prosecutions under the 
provisions of this section the possession of pick- 
erel less than ten inches in length shall be prima 
facie evidence to convict. 

Acts op 1905, Chap. 417. 
Apparatus of capture. 

Section 1. A town may by a by-law duly 
enacted and approved as required by law forbid 
the taking or catching of pickerel in any river, 
stream or pond therein in any other manner than 
by naturally or artificially baited hook and hand 
line, and may provide a suitable penalty for the 
violation of such by-law. 

Section 2. Section sixty-eight of chapter 
ninety-one of the Revised Laws, and chapter 
three hundred and sixty-four of the acts of the 
year nineteen hundred and four, are hereby 
repealed. 

Acts of 1913, Chap. 573. 
Taking and sale of pickerel. 

Section 1. It shall be unlawful for a person 
to take pickerel between the first da}' of March 
and the first day of May in any year. 

Section 2. It shall be unlawful between the 
first day of March and the first day of May in 
any year to sell or offer or expose for sale or to 



48 FISH LAWS. 



have in possession a pickerel taken in this 
commonwealth. 

Section 3. Whoever violates any provision 
of this act shall be punished by a fine of not 
more than ten dollars for each offence. The 
possession of a pickerel between the said dates 
shall be prima facie evidence of a violation of 
the provisions of this act. 

BLACK BASS. 

Acts of 1912, Chap. 129. 
Taking and selling of black bass. 

Section 1. It shall be unlawful to take, sell, 
offer for sale, or have in possession a black bass 
or any part thereof between April first and June 
twentieth following, both dates inclusive; and 
it shall be unlawful at any time to have in pos- 
session a black bass less than eight inches in 
length, unless such bass was taken by a person 
lawfully fishing and is immediately returned alive 
to the water whence it was taken. 

Section 2. Upon written application to the 
commissioners on fisheries and game a license 
may be granted to any person to buy and sell or 
have in possession, at any season of the year, 
black bass artificially propagated and main- 
tained, under such rules and regulations, ap- 
proved by the governor and council, as may be 
made from time to time by the commissioners. 
A license so granted may be revoked at any time 
by the commissioners. 

Section 3. Whoever violates any provision 
of this act shall be subject to a fine not exceed- 
ing ten dollars for each fish in respect to which 
the violation occurs. 

SMELTS. 
Close season. 

Section 71. Whoever, between the fifteenth 
day of March and the first day of June, sells or 
offers or exposes for sale or has in his possession a 



FISH LAWS. 49 



smelt taken between said dates in this common- 
wealth, shall forfeit one dollar for every such 
smelt; and the possession of a smelt between 
said dates shall be prima facie evidence to con- 
vict. 

• 
Apparatus allowed. 

Section 72. Whoever takes a smelt in any 
other manner than by naturally or artificially 
baited hook and hand line shall, except as pro- 
vided in section seventy-six, forfeit one dollar for 
each smelt so taken; and in all prosecutions 
under the provisions of this section the burden 
of proof shall be upon the defendant to show that 
smelts taken by him were legally caught. 

Exceptions in certain counties. 

Section 73. The provisions of the two pre- 
ceding sections shall not apply to smelts taken in 
a seine or net in the counties of Bristol, Barn- 
stable, Nantucket or Dukes County during the 
time and in the manner in which fishing is allowed 
for perch, herring or ale wives. 

Prohibited apparatus. 

Section 74. No person shall set, draw, use or 
attempt to set, draw or use any net, seine, trap 
or device for catching smelts, other than a 
naturally or artificially baited hook, in the waters 
of Boston harbor, Hingham harbor, Weir river, 
Weymouth Fore river, Weymouth Back river, 
Neponset river, Charles river, Mystic river, or in 
any cove, bay, inlet or tributary thereof; but the 
provisions of this section shall not prohibit the 
use of traps for catching lobsters. 

What constitutes evidence. 

Section 75. Possession of any net, seine, trap 
or device for catching fish, other than a naturally 
or artificially baited hook, in or upon said har- 
bors, rivers or tributaries, or on the banks of the 



50 FISH LAWS. 



same, if adapted to the present catching of smelts 
and apparently intended for that purpose, shall 
be deemed prima facie evidence of a violation of 
the provisions of the preceding section, and the 
possession of any fresh smelts, not apparently 
caught by the use of a hook, in or upon said har- 
bors, rivers or tributaries, or on the banks of 
the same, after sunset or under other circum- 
stances of suspicion, shall be deemed prima facie 
evidence that said smelts were caught contrary 
to the provisions of the preceding section by the 
person in whose possession they are found. 

Penalties. 

Section 76. Whoever violates the provi- 
sions of section seventy-four or receives smelts 
knowing or having reasonable cause to believe 
that the same have been taken contrary to the 
provisions of said section shall, for a first offence, 
be punished by a fine of not less than fifty nor 
more than two hundred dollars or by imprison- 
ment for not less than six nor more than twelve 
months, or by both such fine and imprisonment, 
and, for a second offence, by both said fine and 
imprisonment. 

Acts of 1911, Chap. 306. 

Towns of Weymouth and Brain tree may regulate the 
taking of smelts in the waters of Weymouth Fore 
river and Weymouth Back river. 

Section 1. By joint action the selectmen of 
the towns of Weymouth and Braintree, if so in- 
structed by their towns, may grant permits for 
the taking of smelts in the close season between 
the fifteenth day of March and the fifteenth day 
of April, both dates inclusive, in the Weymouth 
Fore river and the Weymouth Back river. Such 
permits shall prescribe the time and methods of 
so taking smelts, and the said selectmen may 
make such other regulations in regard to said 
fishery as they may deem expedient: provided, 
that the fish so taken shall be in quantities not 



FISH LAWS. 51 



exceeding thirty-six fish in any one day by any 
one person. The smelts so taken shall not be 
sold or offered for sale at any time. Any person 
receiving smelts under this act who sells, gives 
away or disposes of the same, in any manner, to 
persons other than his own family shall be sub- 
ject to the penalty herein provided. 

Section 2. The board of commissioners on 
fisheries and game may alter or annul any rule, 
regulation or by-law, relative to the taking of 
smelts under this act, if, in their opinion, the 
same is prejudicial to the maintenance of the 
fisheries. 

Section 3. The towns of Weymouth and 
Braintree are hereby authorized to take or ac- 
quire by purchase or otherwise such lands or 
rights in lands along the said rivers as may be 
convenient for fishing therein, and may appro- 
priate money for carrying out the provisions of 
this act. The selectmen and any persons em- 
ployed by them or authorized by them to take 
fish under the provisions of this act may go upon 
and pass over the lands of any person through 
or by which either of the said rivers run, pro- 
vided that they shall enter upon or pass over 
such lands at such times and places as the se- 
lectmen shall prescribe, and only for the pur- 
pose of protecting the said fishery or of taking 
the said fish, and shall do no more damage to 
said lands than is unavoidable. Any person who 
shall prevent or hinder the selectmen or any 
person authorized by them in the proper use of 
the said lands, as above provided, shall forfeit a 
sum not exceeding twenty dollars for each offence. 

Section 4. Any person not authorized by the 
selectmen of the said towns as above provided 
who shall fish in the said rivers at any time in the 
close season, and any person who violates any 
provision of this act shall be liable to a fine of one 
dollar for each fish or part thereof in respect to 
which the violation occurs. 

Section 5. This act shall take effect upon its 



52 FISH LAWS. 



acceptance by a majority vote of the legal voters 
of the said towns present and voting thereon at 
any annual or special town meeting. 

Acts of 1914, Chap. 157. 
Town of Rowley may regulate taking of smelts. 

Section 1. The selectmen of the town of 
Rowley may grant permits to citizens of said 
town for the taking of smelts in Rowley waters 
in the close season, between the fifteenth day 
of March and the fifteenth day of April, both 
dates inclusive. Such permits shall prescribe 
the time and method of so taking smelts and 
the selectmen may make such other regulations 
in regard to such taking as they may deem 
expedient: provided, that the fish so taken shall 
be in quantities not exceeding thirty-six fish 
in any one day by any one person, and the fish 
shall not be sold or offered for sale at any time. 

Section 2. The board of commissioners on 
fisheries and game may alter or annul any rule, 
regulation or by-law in relation to the taking of 
smelts under this act, if in its opinion the same 
is prejudicial to the maintenance of the fisheries. 

Section 3. Any person not authorized by 
the selectmen of the said town, as above pro- 
vided, who shall fish in the said waters at any 
time during the close season, and any person 
who violates any provision of this act, shall be 
liable to a fine of one dollar for each fish in 
respect to which the violation occurs. 

Section 4. This act shall take effect upon 
its passage. 

Right of search. 

Section 77. Any commissioner on fisheries 
and game, deputy commissioner, member of the 
district police, sheriff, deputy sheriff, police 
officer or constable, within his jurisdiction, may 
search for and seize, without warrant, any 
smelts which he has reason to suspect were taken 



FISH LAWS. 53 



contrary to the provisions of section seventy- 
four, and the net, seine, trap or other device and 
the vessel, boat, craft or other apparatus used in 
connection with such receiving, or other violation 
of said section, and the cask, barrel or other 
vessel or wrapper containing said smelts. Said 
officer may libel said property according to law, 
or, at his discretion, sell the same or any part 
thereof at private sale or by public auction, and 
libel the net proceeds of such sale according to 
law, in the same manner and with the same effect 
as if such proceeds were the property itself. 

FORFEITURE OF FISH, BOATS, ETC. 
Forfeiture of boat3 and apparatus. 

Section 78. Whoever takes any fish in vio- 
lation of the provisions of sections twenty-six, 
twenty-nine, thirty-two, thirty-three, thirty- 
nine, forty, forty-two, forty-three, forty-four, 
forty-seven, fifty-eight, sixty-two, sixty-eight, 
sixty-nine, seventy-two, or one hundred and 
thirty-two, or whoever violates the provisions 
of sections twenty-six, thirty-three or seventy- 
six shall, in addition to the penalties therein 
provided, forfeit the boat and apparatus used. 

Forfeiture of fish and apparatus. 

Section 79. Whoever violates the provisions 
of sections twenty-six, thirty-two, forty-one, 
forty-eight, forty-nine, fifty-two and fifty-nine 
shall, in addition to the penalties therein pro- 
vided, forfeit the fish taken and the apparatus 
used. 

Duty of superintendents, clerks and others. 

Section 80. Every superintendent, clerk or 
other person who has charge of a market, pro- 
vision store or other place in which fish are sold, 
and who has reasonable cause to believe that any 
fish taken in violation of law has been offered for 
sale on such premises, shall immediately give in- 



54 FISH LAWS. 



formation thereof to a constable or trial justice 
in the city or town in which said premises are 
situated; and for each neglect so to do shall be 
punished by a fine of not less than five nor more 
than fifty dollars. 

PIKE PERCH. 

Acts of 1908, Chap. 488. 
Pike perch caught in certain waters. 

Section 1. No corporation, association or 
person who shall have in possession in this com- 
monwealth any pike perch caught in that part of 
Lake Champlain or its tributaries known as 
Missisquoi bay, lying and being in the province 
of Quebec, or in the Richelieu river, which is the 
outlet of said lake, between February first and 
June first. 

Section 2. The commissioners on fisheries 
and game and their deputies are hereby author- 
ized to search for, to seize, and to confiscate, 
without a warrant, pike perch held in possession 
in violation of the preceding section, and it shall 
be the duty of every officer designated in section 
four of chapter ninety-one of the Revised Laws, 
thus without a warrant to search for and seize 
pike perch so held in possession, and to report 
the seizure to the said commissioners, who shall 
authorize the sale of such fish; and the proceeds 
of such sale shall be paid into the treasury of the 
commonwealth. 

Section 3. Any company, association or per- 
son violating the provisions of this act shall be 
liable to a penalty of fift}' dollars, and ten dollars 
additional for each pike perch held in possession 
in violation of the provisions of this act. Chapter 
one hundred and seventy-nine of the acts of the 
year nineteen hundred and six is hereby repealed. 



FISH LAWS. 55 



SHINERS AND STURGEON. 

Acts of 1906, Chap. 239. 
Taking of shiners for bait. 

Section 1. It shall be lawful to take shiners 
for bait in any of the waters of the common- 
wealth by means of a circular or hoop net not 
exceeding six feet in diameter, or by means of a 
rectangular net other than a seine, containing not 
more than thirty-six square feet of net surface. 

Section 2. The provisions of section twenty- 
six of chapter ninety-one of the Revised Laws, 
as amended by chapter three hundred and eight 
of the acts of the year nineteen hundred and four ; 
and of section one hundred and thirty-two of said 
chapter ninety-one, shall not apply to a person 
taking fish other than shiners by means of the 
apparatus described in section one: proinded, 
that such other fish are immediately returned 
alive to the water. 

Amended by Acts of 1904, Chap. 116, and further 
amended by acts of 1905, chap. 81. 

Taking shiners for bait in the Merrimac and Connecti- 
cut rivers. 

Section 81. During October and November 
any person may, for the purpose of taking 
shiners for bait, draw a net or seine at any point 
in the Merrimac and Connecticut rivers, and their 
tributaries, except within four hundred yards of 
any fishway; and if any other fish so caught are 
immediately returned alive to the waters from 
which they were taken, the penalties prescribed 
in sections forty-six, forty-seven, forty-nine, 
seventy-eight and seventy-nine shall not apply to 
the taking of such fish. 

Sturgeon nets. 

Section 82. A person who uses a net or seine 
having a mesh which stretches at least twelve 
inches shall not incur a penalty for taking stur- 
geon in the tidal waters of the 'Merrimac river. 



56 FISH LAWS. 



EELS, CLAMS, QUAHAUGS AND SCALLOPS. 

Acts of 1910, Chap. 177. 
Taking of scallops. 

Section 1. It shall be unlawful to take from 
the flats or waters of the commonwealth scallops 
other than adult scallops, or to sell or offer for 
sale or have in possession such scallops so taken. 
For the purposes of this act an adult scallop shall 
be a scallop with a well defined raised annual 
growth line. Scallops taken from the tide waters 
of the commonwealth shall be culled out when 
taken, and all scallops other than adult scallops 
so taken shall immediately be returned alive to 
tide water which is at least three feet deep at 
mean low water, but the provisions of this sec- 
tion shall not apply to scallops other than adult 
scallops unavoidably taken: provided, that the 
number so taken at any one time does not exceed 
five per cent of the total catch after being culled 
as herein provided. All scallops taken in ac- 
cordance with the provisions of this act shall be 
taken ashore in the shell. 

Section 2. No person shall take scallops be- 
tween the first day of April and the first day of 
October from the flats or waters of the common- 
wealth, or buy or sell or have in possession scal- 
lops so taken; but the provisions of this section 
shall not apply to the taking of scallops for bait 
in the waters adjacent to the town of Nantucket 
from the first day of April to the fifteenth day of 
May, inclusive, nor shall they prohibit any person 
at any time from taking scallops by hand for 
food for his own personal or family use. 

Section 3. No person shall take more than 
ten bushels of scallops including shells in one day. 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine not ex- 
ceeding twenty-five dollars. Possession of scal- 
lops, other than adult scallops, except as is other- 
wise provided in section one, shall be prima facie 



FISH LAWS. 57 



evidence that such scallops were taken contrary 
to law. 

Section 5. Chapter four hundred and three 
of the acts of the year nineteen hundred and nine 
and all acts and parts of acts inconsistent here- 
with are hereby repealed. 



AS AMENDED BY ACTS OF 1913, CHAP. 517, AND AS FURTHER 
AMENDED BY ACTS OF 1915, CHAP. 86, GEN. 

City and town jurisdiction. 

Section 85. The mayor and aldermen of 
cities and the selectmen of towns, if so instructed 
by their cities and towns, may, except as pro- 
vided in the two preceding sections, control, 
regulate or prohibit the taking of eels, clams, 
quahaugs, razor fish, so-called, and scallops 
within the same; and may grant permits pre- 
scribing the times and methods of taking eels 
and such shell fish within such cities and towns 
and make such other regulations in regard to 
said fisheries as they may deem expedient. ^ But 
an inhabitant of the commonwealth, without 
such permit, may take eels and the shell fish 
above named for his own family use from the 
waters of his own or any other city or town, and 
may take from the waters of his own city or 
town any of such shell fish for bait, not exceeding 
three bushels, including shells, in any one day, 
subject to the general rules of the mayor and 
aldermen and selectmen, respectively, as to the 
times and methods of taking such fish: provided, 
however, that no person shall take scallops ex- 
ceeding in quantity three bushels in any one 
week from the waters of any city or town by 
dredging without first obtaining a permit in 
writing from the mayor and aldermen or select- 
men of such city or town. The provisions of 
this section shall not authorize the taking of 
fish in violation of the provisions of sections 
forty-four and forty-five. Whoever takes any 
eels or any of said shell fish without such permit, 



58 FISH LAWS. 



and in violation of the provisions of this section, 
shall forfeit not less than three nor more than 
fifty dollars. Nothing in this section shall be 
constructed as repealing section one of chapter 
two hundred and fifty-five of the acts of the 
year eighteen hundred and ninety-three. 

Acts of 1904, Chap. 269. 
Quahaugs in Eastham, Orleans and Wellfleet. 

Section 1. No person shall take quahaugs 
from their natural beds, or wilfully obstruct or 
interfere with such natural beds, within the towns 
of Eastham, Orleans, and Wellfleet except as 
hereinafter provided. 

Section 2. No inhabitant of said towns shall 
sell or offer for sale little neck clams or quahaugs 
which measure less than one and one half inches 
across the widest part, and no person shall in any 
of said towns sell or offer for sale little neck clams 
or quahaugs which measure less than one and 
one half inches across the widest part. 

Section 3. The selectmen of any one of said 
towns may give to any inhabitants of any of said 
towns permits in writing to take quahaugs from 
their beds in the towns which the selectmen rep- 
resent at such times, in such quantities and for 
such uses as they shall deem expedient. Such 
permits shall be good for such time as the select- 
men may determine, not exceeding one year. 
Any inhabitant of the commonwealth may with- 
out such permit take from the natural beds in said 
towns, quahaugs for the use of his family, not 
exceeding in quantity one bushel, including shells, 
in any one day; and any fisherman may without 
such permit take quahaugs from the natural beds 
in his own town for bait for his own use, not ex- 
ceeding in quantity one bushel, including shells, 
in any one day. 

Section 4. The selectmen of the said towns 
may, in their respective towns, grant licenses or 
permits for such periods, not exceeding two 
years, and under such conditions as they may 



FISH LAWS. 59 



deem proper, not however covering more than 
seventy-five feet square in area, to any inhab- 
itants of the towns to bed quahaugs in any waters, 
flats and creeks within the town at any place 
where there is no natural quahaug bed, not im- 
pairing the private rights of any person or materi- 
ally obstructing any navigable waters. It shall 
be unlawful for any person, except the licensee 
and his agents, to take any quahaugs in or re- 
move them from the territory covered by any 
such license. 

Section 5. Whoever violates any provision 
of this act or of any regulation made by the 
selectmen under authority hereof shall be pun- 
ished by a fine of not more than one hundred 
dollars or by imprisonment for not more than six 
months, or by both such fine and imprisonment. 

Section 6 [as amended by Acts of 1905, Chap. 
265]. So much of section eighty-five of chapter 
ninety-one of the Revised Laws as is inconsistent 
herewith shall not apply to the said towns; and 
nothing herein contained shall be construed to 
affect the rights of the inhabitants of Orleans and 
Eastham under section five of chapter sixty-four 
of the acts of the year seventeen hundred and 
ninety-six, approved March third, seventeen 
hundred and ninety-seven. 

Section 7. This act shall take effect in any of 
said towns only upon its acceptance by a ma- 
jority of the voters thereof present and voting 
thereon at a meeting called for the purpose. 

Acts of 1904, Chap. 282. 
Cultivation of shellfish. 

Section 1 . Cities by a two thirds vote of each 
branch of the city council in cities having a com- 
mon council and a board of aldermen, or by a 
two thirds vote of the board of aldermen in 
cities not having a common council, and towns 
by a two thirds vote of the voters present and 
voting thereon at any town meeting called for the 
purpose, may appropriate money for the culti- 



60 FISH LAWS. 



vation, propagation and protection of shellfish. 
The mayor and aldermen of cities, and the select- 
men of towns, when so authorized by their re- 
spective cities and towns, may declare from time 
to time a close season for shellfish for not more 
than three years in such waters or flats within 
the limits of their respective cities and towns as 
they deem proper, and may plant and grow shell- 
fish in such waters and flats: 'provided, that no 
private rights are impaired ; and proirided, further, 
that when any close season, declared as aforesaid, 
shall have ended, the flats and waters so closed 
shall be opened subject to the provisions of sec- 
tion eighty-five of chapter ninety-one of the Re- 
vised Laws, and of any special laws. 

Section 2. Whoever takes shellfish in viola- 
tion of the provisions of this act shall forfeit not 
less than three nor more than fifty dollars. Any 
officer qualified to serve criminal process, and 
special constables, designated under the pro- 
visions of section one hundred and thirty-four of 
chapter ninety-one of the Revised Laws, shall 
have power to enforce the provisions of this act, 
with all the powers conferred by said section. 

Section 3. District courts and trial justices 
shall have concurrent jurisdiction with the 
superior court of all offences under this act. 

Acts of 1909, Chap. 469. 
Planting 1 , cultivating and bedding quahaugs. 

Section 1. Upon an application in writing, 
the mayor and aldermen of a city or the selectmen 
of a town may grant a written license subject to 
such rules and regulations as are approved by the 
city council of the city, or by the voters of the 
town at an annual or special town meeting, for 
the purpose of planting and cultivating quahaugs 
upon and in the flats and creeks of their respec- 
tive cities and towns below mean low water mark 
and within the limits to be specified in the license, 
for a term of not more than ten or less than five 
years, to any person who has resided in the state 



FISH LAWS. 61 



or has been a taxpayer in the city or town for not 
less than one year preceding the date of his appli- 
cation; and all such licenses may be assigned by 
the licensee to any person who has been a resident 
of the state or a taxpayer in the city or town for 
not less than one year preceding the date of the 
assignment, but shall not be assigned or trans- 
ferred without the written consent of the mayor 
and aldermen of such city or the selectmen of 
such town. 

Section 2. The mayor and aldermen of a 
city or the selectmen of a town may grant to any 
person who has received a license in accordance 
with the provisions of the preceding section an 
additional license for the purpose of bedding qua- 
haugs and of gathering the seed from the same 
between high and low water mark for such period, 
not exceeding five years, and under such condi- 
tions as they may deem proper. The territory 
to be covered by the said license shall not include 
more than one half acre. 

Section 3. The licenses herein provided for 
shall not be granted if their exercises would ma- 
terially obstruct navigable water. No license 
shall be granted under this act until after a public 
hearing, stating the name and residence of the 
applicant, the date of the filing of the application, 
the location, area, and description of the grounds 
applied for, due notice of which has been posted 
in three or more public places, and published in 
a newspaper, if there be any, published in the city 
or town in which the premises are situated, at 
least ten days before the time fixed for the hear- 
ing. 

Section 4. It shall be unlawful, for any per- 
son, except the licensee or his agents or assignees, 
to dig or take quahaugs or quahaug seed within 
the territory covered by a license granted here- 
under, or to remove the same from the said ter- 
ritory. 

Section 5. A license granted hereunder shall 
describe by metes and bounds the waters, flats 



62 FISH LAWS. 



and creeks to which the license is applicable, and 
it shall have no force until it is recorded with the 
clerk of the city or town granting the same, and 
the licensee shall pay annually to the city or town 
a fee of not less than one dollar nor more than five 
dollars per acre for the license, as the mayor and 
aldermen of the city and the selectmen of the 
town may determine. A recording fee of fifty 
cents shall be paid to the clerk of the city or town 
for recording the said license or an assignment 
thereof. The said license and any assignments 
thereof shall be recorded in a book to be kept for 
the purpose in the office of the clerk of the city 
or town, and such books shall be open to inspec- 
tion by the public. Forms for licenses and for 
assignments shall be provided by the mayor and 
aldermen of a city or the selectmen of a town at 
the expense of the cit}' or town. 

Section 6. Before granting any license here- 
under, the mayor and aldermen of a city or the 
selectmen of a town shall cause to be made a sur- 
vey and plan of the territory within which li- 
censes are to be granted, and shall cause to be 
marked upon a copy of such plan to be kept in 
the office of the city or town clerk the territory 
covered by any license issued by them. It shall 
be the duty of the licensee upon receiving his 
license to cause the territory covered thereby to 
be plainly marked out by stakes, buoys, ranges 
or monuments which shall be maintained by him 
during the term of the license. Failure to place 
or to maintain the same shall be sufficient cause 
for revocation of the license by the authority 
granting the same. 

Section 7. If it appears to the mayor and 
aldermen of a city or the selectmen of a town 
granting a license hereunder that the licensee or 
his assignee does not actually occupy and use in 
good faith for the purpose specified in sections 
one and two the territory covered by the license, 
they shall petition the superior court of the 
county wherein the territory is situated to ap- 



FISH LAWS. 63 



point a commission of one or more persons to in- 
vestigate and report to the court as to the use 
and occupancy of such territory; and the court 
shall appoint a commission of one or more per- 
sons who, after twelve days' notice to the peti- 
tioners and the respondent, shall hear the peti- 
tioners and respondent and shall transmit their 
findings to the court. If it shall appear to the 
court that the said territory is not used and occu- 
pied in good faith for the purpose stated in the 
license, the court may order that use of the terri- 
tory shall revert to the city or town and that all 
stakes or buoys or other appliances marking the 
same shall be removed. The costs upon said 
petition shall be assessed as the court may direct. 

Section 8. The licensee, his heirs or assignees 
shall for the purposes described in the license 
have the exclusive use of the territory described 
therein during the term of the license and may in 
an action of tort recover treble damages of any 
person who, without his or their consent, digs or 
takes quahaugs or other shellfish in the territory 
covered by the license or removes the same there- 
from. Whoever so digs, takes or removes qua- 
haugs or other shellfish shall, in addition, be 
subject to a penalty of twenty dollars for each 
offence. 

Section 9. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

Acts of 1911, Chap. 499, as amended by Acts of 1914, 

Chap. 43. 

Planting and cultivating clams and quahaugs in the 
town of Barnstable. 

Section 1. The selectmen of the town of 
Barnstable may, by a writing under their hands, 
grant a license for such a term of years, not ex- 
ceeding fifteen, as they, in their discretion, may 
deem for the public good, to any citizen of the 
said town, to plant, cultivate and dig clams and 
quahaugs upon and in any flats and creeks in the 
town; not, however, impairing the private rights 



64 FISH LAWS. 



of any person. The territory covered by any 
such license shall not be less than two nor more 
than five acres for each clam or quahaug grant. 
The license may be assigned by the licensee to 
any person who is a citizen of the town, but only 
with the written consent of the selectmen. 

Section 2. The licenses herein provided for 
shall not be granted if their exercise would ma- 
terially obstruct navigable waters. No license 
shall be granted under this act until after a public 
hearing, notice of which has been given in a news- 
paper published in said town at least ten days be- 
fore the hearing. Such notice shall state the date 
of the hearing, the name and residence of the ap- 
plicant, the date of the filing of the application, 
and the location, area, and description of the 
grounds applied for. 

Section 3. The license shall describe by 
metes and bounds the flats and creeks so appro- 
priated, and shall be recorded by the town clerk 
before it shall have any force; and the licensee 
shall pay to the selectmen for their use two dol- 
lars, and to the town clerk fifty cents. 

Section 4. The licensee, and his heirs and 
assigns, shall, for the purposes aforesaid, have 
the exclusive use of the flats and creeks described 
in the license, during the time specified therein, 
and may in an action of tort recover treble dam- 
ages of any person who, without his or their con- 
sent, digs or takes clams and quahaugs from such 
flats or creeks during the continuance of the li- 
cense. 

Section 5. The town of Barnstable, at any 
legal meeting called for the purpose, may make 
such by-laws as the town may from time to time 
deem expedient, to protect and preserve the 
shellfisheries within said town: provided, always, 
that no such by-law shall infringe the laws of the 
commonwealth. 

Section 6. If it appears to the selectmen that 
the licensee, or his heirs or assigns, for a period 
of two years fail actually to use and occupy the 



FISH LAWS. 65 



grant for the purposes specified in the license, 
they may, after a public hearing, thirty days' 
notice of which shall be given to the licensee, re- 
voke the license, and the use of the territory 
shall revert to the town. 

Section 7. Whoever takes any shellfish from 
the waters of the town of Barnstable in violation 
of any by-law established by the town, or of any 
provision of this act, shall for every offence pay a 
fine of not less than five nor more than ten dollars, 
and the costs of prosecution, and one dollar for 
every bushel of shellfish so taken. 

Section 8. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

Acts of 1915, Chap. 128, Gen. 

Planting and cultivating of clams and quahaugs in 
the county of Barnstable. 

Section 1. The selectmen of any town in the 
county of Barnstable which accepts the pro- 
visions of this act, except the town of Barnstable, 
to which a similar act already applies may, by 
a writing under their hands, grant a license for 
such a term of years, not exceeding fifteen, as 
in their discretion they may deem for the public 
good, to any citizen of such town to plant, 
cultivate and dig clams and quahaugs upon and 
in any flats and creeks in the town between 
mean high and mean low water mark, not, how- 
ever, impairing the private rights of any person. 
The territory covered by any such license shall 
not exceed two acres for each clam or quahaug 
grant. The license may be assigned by the 
licensee to any person who is a citizen of the 
town, but only with the written consent of the 
selectmen. Such license shall be granted only 
to such person or persons as intend in good 
faith to plant, cultivate and dig clams or qua- 
haugs. 

Section 2. The licenses herein provided for 
shall not be granted if their exercise would 



66 FISH LAWS. 



materially obstruct navigable waters. No license 
shall be granted under this act until after a 
public hearing, notice of which has been given 
by posting in three or more public places in the 
town at least ten days before the hearing. Such 
notice shall state the date of the hearing, the 
name and residence of the applicant, the date 
of the filing of the application, and the location, 
area and description of the grounds applied for. 

Section 3. The license shall describe by 
metes and bounds the flats and creeks so appro- 
priated, and shall be recorded by the town clerk 
before it shall have any force; and the licensee 
shall pay into the town treasury two dollars 
and to the town clerk fifty cents. 

Section 4. The licensee and his heirs and 
assigns shall, for the purposes aforesaid, have 
the exclusive use of the flats and creeks described 
in the license during the time specified therein, 
and may in an action of tort recover treble 
damages of any person who, without his or 
their consent digs or takes clams and quahaugs 
from such flats or creeks during the continuance 
of the license. 

Section 5. A town which accepts the pro- 
visions of this act may, at any annual meeting 
or at any special meeting called for the purpose 
make such by-laws as the town may from time 
to time deem expedient, to protect and preserve 
the shellfisheries within the town: provided, 
always, that such by-laws shall not infringe the 
laws of the commonwealth. 

Section 6. If it appears to the selectmen 
that the licensee, or his heirs or assigns, for a 
period of two years has failed actually to use 
and occupy the grant for the purposes specified 
in the license, they may, after a public hearing, 
thirty days' notice of which shall be given to 
the licensee, revoke the license, and use of the 
territory shall revert to the town. 

Section 7. Whoever takes any shellfish from 



FISH LAWS. 67 



the waters of any town which accepts the pro- 
visions of this act in violation of any by-law 
established by the town of any provision of 
this act, shall for every such offence pay a fine 
of not less than five nor more than ten dollars, 
and the costs of prosecution, and five dollars 
for every bushel of shellfish so taken. 

Section 8. A plan of each grant made under 
this act shall be kept in the office of the select- 
men, and shall be open to public inspection at 
all times. 

Section 9. All acts and parts of acts in- 
consistent herewith are hereby repealed. 

Section 10. This act shall take effect in any 
town to which it applies upon its acceptance by 
a majority of the voters of the town voting upon 
the question of its acceptance at any annual 
town meeting, or at any special town meeting 
called for the purpose. 



Acts op 1870, Chap. 195, as amended by Acts of 1912* 

Chap. 57. 

Taking of clams in and around the shores of Plymouth , 
Kingston and Duxbury. 

Section 1. The selectmen of the towns of 
Plymouth, Kingston and Duxbury, may, by 
writing under their hands, grant a license for 
such a term of years not exceeding fifteen, as 
they in their discretion may deem necessary and 
that the public good requires, to any inhabitant 
of their respective towns, to plant, cultivate and 
dig clams upon and in any flats and creeks in 
their respective towns, not, however, impairing 
the private rights of any person. 

Section 2. This act shall take effect in any 
of said towns only upon its acceptance by a 
majority of the voters thereof present and voting 
thereon at a meeting called for the purpose. 



68 FISH LAWS. 



Acts of 1906, Chap. 477. 
Protection of shellfish in the toT?m of Dartmouth. 

Section 1. No person shall take any shellfish 
from their beds or wilfully obstruct the growth 
of any shellfish within the town of Dartmouth, 
except as is hereinafter provided. 

Section 2. The selectmen of said town may 
give permits in writing to any person to take 
shellfish from their beds within said town at such 
times, in such quantities, for such uses and by 
such methods as they shall deem expedient. 
They shall grant such permits to any inhabitant 
of the town to take from the beds in said town 
shellfish for the use of himself and his family not 
exceeding in quantity one half bushel including 
shells in any one day. They shall grant such 
permits to any fisherman to take shellfish from 
said beds for bait for his own use not exceeding in 
quantity one bushel including shells in any one 
day. Such permits shall be signed by the select- 
men, shall be recorded in a book kept for the pur- 
pose and shall remain in force for one year from 
their date. 

Section 3. Every person taking shellfish from 
their beds within said town under the provisions 
of this act shall at the time of such taking have 
with him the permit granted to him as above 
provided and shall exhibit it upon demand to 
any constable of the town or other officer charged 
with the duty of enforcing the provisions of this 
act. 

Section 4. No person shall take from their 
beds in said town or sell or offer for sale or have 
in his possession any little neck clams or quahaugs 
measuring less than one and one half inches 
across the widest part. 

Section 5. Whoever violates any provision 
of this act shall be punished by a fine of not less 
than ten or more than one hundred dollars. 

Section 6. The third district court of Bristol 



FISH LAWS. 69 



shall have concurrent jurisdiction with the su- 
perior court of all offences under this act. 

Section 7. So much of section eighty-five of 
chapter ninety-one of the Revised Laws as is 
inconsistent herewith shall not apply to the town 
of Dartmouth. 

Acts of 1912, Chap. 710. 

The commonwealth may lease to cities and towns in 
the county of Essex the right to take clams. 

Section 1. Any city or town in the county 
of Essex may take from the commonwealth a 
lease of the right to control and regulate the 
taking of clams from all the flats within its 
borders. 

Section 2. The commissioners on fisheries 
and game shall issue a lease as aforesaid to each 
city or town in said county which makes appli- 
cation therefor, for a term of ten years, at an 
annual rental of five dollars a year, to be paid 
into the treasury of the commonwealth. 

Section 3. No such lease shall give the 
right to any city or town to sublet, grant or 
sublease to any person or- corporation any of its 
rights under the lease. 

Section 4. All rights granted to a city or 
town under a lease as aforesaid shall be held by 
the city or town for the benefit of its citizens. 

Section 5. After acceptance of this act, 
cities through their city governments and towns 
at any annual or special meeting duly called for 
the purpose, may make rules and regulations in 
regard to the taking of clams, and may authorize 
the granting of permits to citizens of such cities 
and towns to take clams, and may prescribe the 
time and methods of such taking. 

Section 6. Any inhabitant of the common- 
wealth may, without such permit, take clams for 
the use of his own family from the waters of his 
own or any other city or town, and may take 
from the waters of his own city or town clams 



70 FISH LAWS. 



for bait, not exceeding three bushels, including 
shells, in any one day, subject to the general rules 
and regulations adopted by cities and towns, re- 
spectively, in the manner hereinbefore specified 
in this section as to the time, place and methods 
of taking clams. Whoever takes any clams 
without a permit, and in violation of the pro- 
visions of this section, shall forfeit not less than 
five nor more than fifty dollars for each offence. 

Section 7. Nothing contained in this act 
shall be construed as affecting any of the existing 
provisions of law relative to the issuing of licenses 
and grants for the planting, growing or cultiva- 
tion of oysters or other shellfish. 

Section 8. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

Section 9. This act shall take effect in any 
city upon its acceptance by the city council or 
corresponding body of such city, and in any 
town upon its acceptance by a majority of the 
voters of such town present and voting thereon 
at any annual town meeting, or at any special 
town meeting duly called for the purpose. 

LOBSTERS, TAUTOG AND OTHER FISH. 

Egg lobsters. 

Section 86. Whoever at any time catches or 
takes or has in his possession with intent to sell, 
or sells, any female lobster bearing eggs shall be 
punished by a fine of not less than ten nor more 
than one hundred dollars or by imprisonment for 
not less than one nor more than three months for 
each offence; but a person who catches or takes 
any such lobster and immediately returns it alive 
to the waters from which it was taken shall not 
be subject to such penalty. The provisions of 
this section shall not apply to lobsters spawning 
in lobster cars if they are immediately returned 
alive to the waters from which they were taken. 
Exposure for sale or possession otherwise than as 
herein provided shall be prima facie evidence of 
an intent to sell. 



FISH LAWS. 71 



Town officers to enforce preceding section. 

Section 87. The maj'or and aldermen of 
cities, the selectmen of towns, police officers and 
constables shall cause the provisions of the pre- 
ceding section to be enforced in their respective 
cities and towns. 



As AMENDED BT ACTS OF 1907, CHAP. 303. 

Legal length of lobsters. 

Section 88. Whoever sells or offers for sale or 
has in his possession an uncooked lobster less than 
nine inches in length, or a cooked lobster less than 
eight and three quarters inches in length, meas- 
uring from the extremity of the bone protruding 
from the head to the end of the bone of the middle 
flipper of the tail of the lobster, extended on its 
back its natural length, shall forfeit not more 
than five dollars for every such lobster, one half 
to the use of the city or town in which the offence 
is committed and one half to the commonwealth; 
and in all prosecutions under the provisions of 
this section any mutilation of a lobster, cooked 
or uncooked, which affects its measurements shall 
be prima facie evidence that the lobster is less 
than the required length and the possession of any 
lobster, cooked or uncooked, which is not of the 
required length shall be prima facie evidence to 
convict. 

Mutilation unlawful. 

Section 89. Whoever, before a lobster is 
cooked, mutilates it by severing the tail from the 
body, or has such tail in possession, shall be 
punished by a fine of five dollars for each offence; 
and in all prosecutions under the provisions of 
this section the possession, by any person, of the 
tail of any uncooked lobster so severed from the 
body shall be prima facie evidence to convict. 



72 FISH LAWS. 



Acts of 1913, Chap. 569. 
Transportation of lobsters. 

Section 1. All barrels, boxes or other 
packages in transit containing lobsters shall be 
marked with the word ''Lobsters" in capital 
letters at least one inch in length, together with 
the full name of the shipper. Said marking 
shall be placed in a plain and legible manner on 
the outside of such barrels, boxes or other 
packages, and in case of seizure by any duly 
authorized officer of any barrels, boxes or other 
packages in transit, containing lobsters, which 
are not so marked, or in case of seizure by any 
such officer of barrels, boxes or other packages 
in transit containing lobsters less than the 
prescribed length, such lobsters as are alive and 
less than the prescribed length shall be liberated, 
and all such lobsters as are of the prescribed 
length found in such barrels, boxes or packages 
shall be held and disposed of as hereinafter pro- 
vided. 

Section 2. Every association, corporation, 
firm or person who shall ship lobsters without 
having the barrels, boxes or other packages in 
which the same are contained marked as pre- 
scribed in section one shall upon conviction be 
punished by a fine not exceeding twenty-five 
dollars, and upon subsequent conviction thereof 
by a fine not exceeding fifty dollars; and any 
association, corporation, firm or person in the 
business of a common earner of merchandise 
who shall knowingly carry or transport from 
place to place lobsters in barrels, boxes or other 
packages not so marked shall be liable to a 
penalty not exceeding fifty dollars for each con- 
viction thereof and lobsters shipped in violation 
of this act shall be forfeited to the common- 
wealth. 

Section 3. For the purpose of the enforce- 
ment of the provisions of this act, any one of 
the commissioners on fisheries and game, or 



FISH LAWS. 73 



their deputies, or any member of the district 
police may, with or without a warrant, search 
any boat, car, box, locker, crate or package and 
any building where he has reason to believe any 
lobsters are being transported or held for trans- 
portation in violation of law, and may seize 
and hold any lobsters illegally transported: 
provided, however, that this section shall not 
authorize the entering of a dwelling house, and 
shall not apply to lobsters which are passing 
through this commonwealth under the au- 
thority of the laws of the United States. ^/ 

Section 4. When any lobsters are seized by 
virtue of the provisions of this act, the officer 
making the seizure shall immediately notify 
the shipper thereof, if known. Thereafter he 
shall forthwith proceed to enforce, in accordance 
with the provisions of chapter two hundred of 
the Revised Laws, the forfeiture of such lobsters, 
so seized, as he is not required by law to liberate. 
He shall cause the appraisal required by section 
thirteen of said chapter two hundred to be made 
within twenty-four hours after the time of such 
seizure, and after said appraisal may sell the 
said lobsters at such time or in such manner as 
he may deem proper. He shall pay the proceeds 
thereof into the court before which the libel for 
forfeiture is pending, and the court may decree 
a forfeiture of said proceeds, or payment thereof 
to a claimant, or any other appropriate dis- 
position thereof. 

Acts of 1913, Chap. 643. 
Sale of lobsters and lobster meat. 

Section 1. All lobsters or parts of lobsters 
sold for use in this state or for export from the 
state shall be sold and delivered in the shell, 
except as is hereinafter otherwise provided. 

Section 2. It shall be unlawful for any 
person, firm or corporation to sell, give away, 
ship or buy lobster meat after the same has 
been taken from the shell, except as is here- 



74 FISH LAWS. 



inafter provided. Whoever violates any pro- 
vision of this section shall be subject to a fine of 
not more than twenty-five dollars for each 
offence. 

Section 3. It shall be unlawful for any 
person, firm or corporation carrying on the 
business of a common carrier to carry or trans- 
port from one place to another any lobster meat 
unless the same has been legally taken from the 
shell; and whoever knowingly violates any pro- 
vision of this section shall be subject to a fine of 
not more than fifty dollars for each offence. 

Section 4. Any lobster meat unlawfully sold, 
given away, shipped, bought or transported 
shall be liable to seizure and may be confiscated. 

Section 5. Nothing contained herein shall 
be held to prohibit the sale of lobsters legally 
canned, or of lobsters sold for food by licensed 
victuallers, or of lobsters removed from the 
shell on the premises where they are eaten. 
Nothing contained herein shall prohibit the sale 
of lobster meat by wholesale or retail dealers in 
lobsters : provided, that the meat is removed from 
the shell at their regular place of business where 
lobsters are bought and sold, and that said 
dealers have a written permit for such sale from 
the commissioners on fisheries and game, and 
that the lobster meat is so removed and sold 
under such conditions and regulations as the 
said commissioners may prescribe; and pro- 
vided, further, that the premises where the meat 
is so removed or sold are at all times open to 
the inspection of the said commissioners and 
their deputies. 

Detail of district police. 

Section 90. The governor, upon the written 
request of the commissioners on fisheries and 
game or one of them, may detail one or more of 
the district police from any district or town to 
enforce the provisions of section eighty-eight. 



FISH LAWS. 75 



Right of search. 

Section 91. For the purpose of enforcing the 
provisions of section eighty-eight, any one of the 
commissioners on fisheries and game or their 
deputy or any member of the district police may 
search in suspected places for, seize and remove 
lobsters which have been unlawfully taken, held 
or offered for sale. 



Acts of 1909, Chap. 2G5. 
Catching of lobsters restricted to residents. 

Section 1. It shall be unlawful for any per- 
son not being a citizen of the commonwealth to 
set or cause to be set any net or trap for the catch- 
ing of lobsters in the waters of the commonwealth, 
unless such person has been a continuous resident 
of the state for at least one year prior to such 
setting or keeping: provided, however, that the 
mayor and aldermen of any city, or the select- 
men of any town may grant permits in writing to 
any temporary resident of such city or town to 
set lobster pots in the waters thereof for his own 
family use. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine not exceed- 
ing twenty dollars for each offence. 

Section 3. Any commissioner of fisheries 
and game, or deputy commissioner, and any mem- 
ber of the district police, and any deputy sheriff, 
police officer or constable, within his jurisdiction, 
may seize and destroy any pot set or kept in vio- 
lation of this act. 

Section 4. Section ninety-two of chapter 
ninety-one of the Revised Laws is hereby re- 
pealed. 

Commissioners' rights. 

Section 93. The commissioners on fisheries 
and game may occupy and use any small es- 
tuaries or creeks within the commonwealth, not 
exceeding six, for the scientific investigation of 



76 FISH LAWS. 



the habits, propagation and distribution of lob- 
sters, if such occupation and use does not impair 
the private rights of any person or materially 
obstruct any navigable waters. Notice of such 
occupation shall be conspicuously posted and 
maintained by said commissioners at the nearest 
points to said estuaries and creeks, and shall be 
recorded in the registry of deeds in the county in 
which they are situated. 

Penalty. 

Section 94. Whoever, after the posting and 
recording of such notice, catches or takes any 
lobster from any estuary or creek so occupied as 
aforesaid shall be punished as provided in section 
eighty-six. 

Non-residential prohibition upon taking lobsters and 
fish in Fairhaven, New Bedford, Dartmouth and 
Westport. 

Section 95. No person living without this 
commonwealth shall take any lobsters, tautog, 
bass or other fish within the harbors, streams or 
waters of Fairhaven, New Bedford, Dartmouth 
or Westport for the purpose of carrying them 
thence in vessels or smacks of any size whatever 
owned without this commonwealth, nor in any of 
more than fifteen tons burden owned within this 
commonwealth, under a penalty of ten dollars 
for each offence and a forfeiture of all fish and 
lobsters so taken. 

Territorial definition. 

Section 96. For the purposes of the preceding 
section, the waters and shores of the places 
therein mentioned shall be deemed to extend 
from the line of the state of Rhode Island to the 
line of the county of Plymouth, and to include all 
the waters, islands and rocks lying within one 
mile of the mainland. 



FISH LAWS. 77 



Penalty. 

Section 97. If, within the harbors, streams, 
or waters of any place on the sea coast which 
accepts the provisions of this section or ha3 
accepted the corresponding provisions of earlier 
laws, a person who lives without the common- 
wealth takes, for the purpose of carrying thence, 
any lobsters, tautog, bass, bluefish or scuppaug, 
or if a person who lives in this commonwealth 
takes and carries away from such place any such 
fish or lobsters in vessels or smacks of more than 
fifteen tons burden, he shall forfeit for each 
offence not more than twenty dollars, and all the 
fish and lobsters so taken. 

Transportation from Provincotown. 

Section 98. No person shall take lobsters 
within the waters and shores of the town of 
Provincetown for the purpose of carrying them 
from said waters in a vessel or smack of more 
than fifteen tons burden, or for the purpose of 
putting them on board of such vessel or smack to 
be transported to any place, unless a permit is 
first obtained therefor from the selectmen of said 
town, who may grant the same for such amount, 
to be paid to the use of the town, as they shall 
deem proper. Whoever violates the provisions 
of this section shall forfeit ten dollars for each 
offence; and a further amount of ten dollars for 
every hundred lobsters over the first hundred 
taken or found on board of any such vessel or 
smack, and in that proportion for any smaller 
number. For the purposes of this section, the 
waters and shores of Provincetown shall be 
deemed to be as follows: beginning at Race 
Point, one half mile from the shore, and thence 
running by said shore to the end of Long Point 
which forms the harbor of Provincetown, and 
from the end of Long Point one half mile and in- 
cluding the harbor within the town of Province- 
town. 



78 FISH LAWS. 



Limitation in Buzzard's bay. 

Section 99. Whoever, between the first day 
of April and the first day of July, inclusive, takes 
more than one hundred pounds a week of lob- 
sters, tautog, bass or scuppaug in the bays, har- 
bors, ponds, rivers or creeks of the waters of 
Buzzard's bay, within one mile from the shore 
and within the jurisdiction of the towns of 
Bourne and Wareham, shall forfeit not more 
than fifty dollars. 

Acts of 1904, Chap. 408. 
Authorizing purchase of egg-bearing' lobsters. 

Section 1. The commissioners on fisheries 
and game are hereby authorized and empowered 
to purchase, at a rate not exceeding twenty-five 
per cent above the market price, lobsters with 
eggs attached, caught along the shore of this 
commonwealth. Whoever catches any such 
lobsters with eggs attached may, after receiving 
a permit from the commissioners on fisheries and 
game, safely store the same in lobster cars or 
sections of cars used for that purpose only, and 
may keep them separate from other lobsters until 
such time as the said commissioners or some per- 
son or persons designated by them can gather 
and pay for them. The commissioners and their 
agent shall liberate them in the vicinity of the 
location where they were caught ; or they may at 
their discretion sell any portion or all of them to 
the officer in charge of the United States fish 
hatchery for artificial propagation, the proceeds 
to be applied to the appropriation made for the 
enforcement of this act. 

OYSTERS AND OTHER SHELLFISH. 

Oysters. 

Section 100. Whoever takes oysters from 
their beds, or destroys them or wilfully obstructs 
their growth therein, except as is provided in the 
following sections, shall forfeit two dollars for 
every bushel of oysters, including the shells, so 
taken or destroyed. 



FISH LAWS. 79 



Acts of 1914, Chap. 597. 
Cultivation of oysters. 

Section 1. The board of aldermen or board 
having similar powers of any city, and the select- 
men of any town, in the counties of Barnstable, 
Bristol, Dukes County or Nantucket, may 
after a public hearing, grant to any inhabitant 
of such city or town, or to a firm or firms com- 
posed of inhabitants of such city or town, or to 
a corporation or corporations organized under 
the laws of this commonwealth, a license for a 
period of fifteen years to plant, grow and dig 
oj^sters, or to plant shells for the purpose of 
catching oyster seed upon and in any territory 
below mean low water mark, within the limits 
of the city or town, and within the limits specified 
in the license, upon such terms and conditions as 
they may deem proper, not, however, so as 
materially to obstruct navigable waters. Such 
licenses, when granted, may be transferred to 
any person, firm or corporation to whom it 
might originally have been granted, subject to 
the approval of the authorities granting the 
license. Any license granted under the pro- 
visions of this section may, within two years 
before the expiration of the same, be renewed 
for a further term of fifteen years, after a public 
hearing. 

Section 2. All territory for which a license 
has been granted as aforesaid shall be designated 
by suitable bounds, consisting of stakes or buoys, 
one at each of the several corners of every grant, 
so that the boundaries thereof may be evident 
at high and low tide; and the said bounds shall 
be maintained by the licensee under penalty of 
forfeiture of the license. The board of alder- 
men of a city, or the board or authority having 
corresponding powers, and the selectmen of a 
town, shall keep at their office a record of each 
license, describing by metes and bounds the 
waters, flats and creeks so licensed, and a map 
or chart of all such licensed property; and these 



80 FISH LAWS. 



records shall be open at any time to public in- 
spection. 

Section 3. Every licensee shall be required 
to submit to the board of aldermen of a city, or 
the board or authority corresponding thereto, 
or to the selectmen of a town, or to a duly au- 
thorized inspector appointed by them, an annual 
report of the total number of bushels of oysters 
planted or produced upon the territory covered 
by the license, and an estimate of the total 
number of bushels of oysters at that time planted 
or growing upon the licensed territory. This 
statement shall be duly sworn to before a justice 
of the peace, and if the total amount shall fall 
below fifty bushels per acre, on any grant less 
than six acres, or if the duly authorized in- 
spector appointed as aforesaid, after due exami- 
nation shall "find that the quantity of oysters 
planted or growing is less than fifty bushels per 
acre on any grant less than six acres, or less than 
five hundred bushels on any grant over six 
acres, for three consecutive years, then the 
license may be declared forfeited and the grant 
shall revert to the city or town in which it is 
situated. 

Section 4. Any inhabitant, firm or corpora- 
tion, qualified as provided in section one of this 
act and desiring to obtain a license hereunder, 
shall present to the board of aldermen of a 
city or to the board or authority having corre- 
sponding powers, or to the selectmen of a town, 
a written application setting forth the name 
and address of the applicant, a reasonably 
definite description of the desired territory, and 
shall petition that the applicant be registered, 
that the territory be surveyed, that a plan or 
map be made, and that a license be granted to 
the applicant under the provisions of this act. 
When a license is granted under the provisions 
of this act, the authorities granting the license 
shall, after the survey is made, locate the corners 
for the licensee without charge, but the re- 



FISH LAWS. 81 



location of corners shall be at the expense of the 
licensee. 

Section 5. Every licensee hereunder shall 
pay an annual fee per acre, the amount of which 
shall be fixed for the term of five years according 
to a just and equitable valuation by the au- 
thorities of the city or town granting such 
license or by their duly appointed agents, under 
penalty of forfeiture of the license if the rental 
is not paid within six months after it becomes 
due. The money received from the annual fees 
may be expended, so far as may be necessary, 
for the protection and surveying of the grants, 
and the remainder shall be paid into the city or 
town treasury. 

Section 6. Every person, firm or corpora- 
tion to whom a license is issued under the pro- 
visions of this act shall have the number of the 
license painted in letters at least two inches in 
height, in a conspicuous place on his or its buoys, 
or on flags attached to stakes. 

Section 7. It shall be unlawful for any 
licensee or any other person to dig, take or 
carry away any oysters or shells from any 
waters, flats, or creeks, between one hour after 
sunset and one hour before sunrise, by any 
method whatever. 

Section 8. Any person who shall wilfully 
injure, deface, destroy or remove any mark or 
bound used to define the extent of any license 
or grant hereunder, or who shall place any 
mark thereon, or shall tie or fasten any boat or 
vessel to any such stake or buoy, shall be fined 
not less than three nor more than twenty dollars 
for each offence and shall be liable in an action 
of tort for double damages and costs to the 
person or corporation injured by such act. 

Section 9. Whoever works a dredge, oyster 
tongs or rakes, or any other implement for the 
taking of oysters upon any territory officially 
designated as licensed, or in any way disturbs 
the growth of planted oysters without the consent 



82 FISH LAWS. 



of the licensee during the continuance of such 
license, or discharges any substance which may 
directly or indirectly injure the planted oysters, 
shall for the first offence be punished by a fine 
of not less than five nor more than one hundred 
dollars, and for each subsequent offence by a 
fine of not less than one hundred and not more 
than two hundred dollars, or by imprisonment 
for not more than six months, or by both such 
fine and imprisonment. 

Section 10. Any person who shall wilfully 
break up, damage or injure any bed of oysters, 
or any tract of land leased from the common- 
wealth or licensed by any city or town for an 
oyster bed, by depositing thereon earth, stones 
or dredging, or scoopings, shall be punished by a 
fine not less than twenty-five nor more than 
five hundred dollars. 

Section 11. Any police officer or constable 
witnessing the commission of any offence under 
the provisions of this chapter shall arrest the 
offender without warrant, and detain him for 
prosecution for a period not exceeding twenty- 
four hours. 

Section 12. In order to protect the purity 
of all Massachusetts oysters no territory in 
polluted water shall be granted for the growing 
of oysters for market. The proper authorities 
of a city, as heretofore designated, or the select- 
men of a town granting the licenses aforesaid, 
and the inspectors appointed under the pro- 
visions of this act, may make such examinations 
from time to time as may be necessary to ascer- 
tain the sanitary condition of the waters over 
and adjacent to the oyster producing area, and 
may give written certificates of the sanitary 
condition of the same. 

Section 13. All acts and parts of acts in- 
consistent herewith are hereby repealed. 



FISH LAWS. 83 



Town officials may grant permits. 

Section 101. The mayor and aldermen of a 
city or selectmen of a town in which there are 
oyster beds may grant a permit in writing to any 
person to take oysters from their beds at such 
times, in such quantities and for such uses as they 
shall express in their permit; but every inhab- 
itant of such city or town, except the town of 
Yarmouth, may, without such permit, take 
oysters from the beds therein for the use of his 
family, from the first day of September to the 
first day of June, not exceeding in any week two 
bushels, including shells. 

Penalties and permits. 

Section 102. Whoever takes any other shell- 
fish from their beds, or destroys them or wilfully, 
obstructs their growth therein, except as is here- 
inafter provided, shall forfeit one dollar for 
every bushel of such other shellfish, including 
the shells. But the mayor and aldermen of a 
city or selectmen of a town may at any time give 
a permit in writing to any person to take such 
other shellfish from their beds therein, at such 
times, in such quantities and for such uses as 
they shall express in their permit ; but every in- 
habitant of each of said places may, without such 
permit, take such other shellfish from the beds 
therein for the use of his family. 

Rights of Indians and fishermen. 

Section 103. The provisions of the three pre- 
ceding sections shall not deprive native Indians 
of the privilege of digging shellfish for their own 
consumption, or prevent a fisherman, who is an 
inhabitant of this commonwealth, from taking 
shellfish which he may want for bait, not exceed- 
ing at any one time seven bushels, including the 
shells. 



84 FISH LAWS. 



As AMENDED BY ACTS OF 1913, CHAP. 549. 

Oyster licenses. 

Section 104. The mayor and aldermen of a 
city or selectmen of a town may, by writing under 
their hands, grant a license for a term not ex- 
ceeding fifteen years to any inhabitant thereof 
to plant, grow and dig oysters at all times of the 
year, or to plant oyster shells for the purpose of 
catching oyster seed, upon and in any waters, 
flats and creeks therein, at any place where 
there is no natural oyster bed; not, however, 
impairing the private rights of any person, nor 
materially obstructing any navigable waters. 

Limits of areas. 

Section 105. Such license shall describe by 
metes and bounds the waters, flats and creeks 
so appropriated and shall be recorded by the city 
or town clerk before it shall have any force, and 
the licensee shall pay to the mayor and alder- 
men or selectmen, for their use, two dollars, and 
to the clerk fifty cents. The shore line of such 
licensed premises shall be the line of mean low 
water for the planting and growing of oysters, 
and the line of high water for the planting of 
oyster shells, but the provisions of this section 
shall not authorize the placing of such shells 
upon the land of a riparian owner between high 
and low water mark without his written consent. 

Public hearings. 

Section 106. Such license shall not be granted 
until after a public hearing, due notice of which 
shall have been posted in three or more public 
places in the city or town in which the premises 
are situated at least seven days before the time 
fixed for such hearing. 

Who can have a license. 

Section 107. Such license shall be granted, 
assigned or transferred only to inhabitants of the 



FISH LAWS. 85 



city or town in which the licensed premises are 
situated, and shall not be assigned or transferred 
without the written consent of the mayor and 
aldermen of such city or the selectmen of such 
town. 

Rights of licensee. 

Section 108. The licensee, his heirs and 
assigns shall, for the purposes aforesaid, have the 
exclusive use of the waters, flats and creeks 
described in the license during the time therein 
specified; and may, in an action of tort, recover 
treble damages of any person who, without his or 
their consent, digs or takes oysters or oyster 
shells from such waters, flats or creeks during the 
continuance of the license; and whoever digs or 
takes oysters or oyster shells therefrom without 
such consent shall also forfeit twenty dollars for 
each offence. 

Revocation of license. 

Section 109. If the licensee fails for two 
years after the license has been granted to plant 
and grow oysters or to plant oyster shells in the 
waters, flats or creeks described in the license, it 
shall be revoked by the officers who granted it 
and the revocation shall be recorded by the city 
or town clerk. 

Prohibition of night fishing. 

Section 110. No person shall dig, take or 
carry away any oysters or oyster shells between 
one hour after sunset and one hour before sun- 
rise, by any method whatever, from any waters, 
flats or creeks for which a license has been granted 
under the provisions of section one hundred and 
four. A licensee who violates the provisions of 
this chapter relative to the planting and growing 
of oysters or the planting of oyster shells, shall, 
in addition to the penalties hereinafter provided, 
forfeit his license and the oysters remaining on 
the licensed premises. 



86 FISH LAWS. 



Penalties. 

Section 111. Whoever violates the provisions 
of the preceding section, or whoever, without the 
consent of the licensee, digs or takes any oysters 
or oyster shells from any waters, flats or creeks 
described in any license granted under the pro- 
visions of section one hundred and four, during 
the continuance of such license, shall be punished 
by a fine of not more than one hundred dollars 
or by imprisonment for not less than thirty days 
nor more than six months, or by both such fine 
and imprisonment. 

Trespass forbidden. 

Section 112. Whoever works a dredge, 
03'ster tongs or rakes, or any other implement for 
the taking of shellfish of any description, upon 
any oyster grounds or beds, other than public 
grounds or beds, without the consent of the 
licensee, lessee or owner thereof, or whoever, 
while upon or sailing over any such grounds or 
beds, casts, hauls, or has overboard any such 
dredge, tongs, rake or other implement for the 
taking of shellfish of any description, under any 
pretence or for any purpose whatever, without 
the consent of the licensee, lessee or owner, shall, 
for the first offence, be punished by a fine of not 
more than twenty dollars or by imprisonment for 
not more than thirty days, and for each subse- 
quent offence, by a fine of not more than fifty 
dollars or by imprisonment for not more than six 
months. 

Pollution. 

Section 113. The state board of health may 
examine all 'complaints which may be brought to 
its notice relative to the contamination of tidal 
waters and flats in this commonwealth by sewage 
or other causes, may determine, as nearly as may 
be, the bounds of such contamination, and, if 
necessary mark such bounds. It may also, in 
writing, request the commissioners on fisheries 



FISH LAWS. 87 



and game to prohibit the taking from such con- 
taminated waters and flats of any oysters, clams, 
quahaugs and scallops. Upon receipt of such 
request, said commissioners shall prohibit the 
taking of such shellfish from such contaminated 
waters or flats for such period of time as the state 
board of health may prescribe. 



Acts of 1907, Chap. 285, as amended by Acts of 1913, 

Chap. 501. 

Taking clams and quahaugs for bait from contami- 
nated waters. 

Section 1. Whenever, upon the request of 
the state board of health under the provisions of 
section one hundred and thirteen of chapter 
ninety-one of the Revised Laws, the commis- 
sioners on fisheries and game have prohibited or 
may hereafter prohibit the taking from con- 
taminated waters or flats in any city or town of 
any clams or quahaugs, the board of health of 
such city or town may grant permits in writing 
to any person to take from such waters clams or 
quahaugs to be used for bait only, and in such 
quantities and upon such conditions as they shall 
express in their permit. 

Section 2. Any person holding a permit from 
the board of health of a city or town shall keep 
in his possession, and on his person, while acting 
thereunder, any permit obtained by him from 
said board of health, and shall at all times dis- 
play the same upon the request of any person 
authorized to enforce the provisions of this act. 
Violation of this section shall be punished bj r a 
fine of not less than ten dollars nor more than 
fifty dollars, and in addition the permit shall be 
revoked and shall not thereafter be issued within 
twelve months. 

Section 3. Any person who violates any of 
the provisions of such permit shall forfeit the 
permit and shall be punished by a fine not ex- 
ceeding one hundred dollars, or by imprison- 



88 FISH LAWS. 



ment for a term not exceeding three months, or 
by both such fine and imprisonment. 

Section 4. Whoever sells, or exchanges, or 
exposes or offers for sale or exchange, or buys 
any clams or quahaugs, taken from waters pro- 
scribed as contaminated and subject to the 
provisions of section one hundred and thirteen 
of chapter ninety-one of the Revised Laws, shall 
be punished by a fine of not more than one 
hundred dollars, or by imprisonment for a term 
not exceeding three months, or by both such fine 
and imprisonment. 

Penalties. 

Section 114. Whoever takes any oysters, 
clams, quahaugs or scallops from tidal waters or 
flats from which the taking has been prohibited 
as provided in the preceding section shall forfeit 
not less than five nor more than ten dollars for 
the first offence, and not less than fifty nor more 
than one hundred dollars for each subsequent 
offence; but such penalties shall not be incurred 
until one week after the commissioners on 
fisheries and game shall have caused notice of 
such prohibition, with a description, or the 
bounds, of the tidal waters or flats to which such 
prohibition applies, to be published in a news- 
paper published in the town or county in which 
or adjacent to which the tidal waters or flats to 
which such prohibition applies are situated. 



Acts op 1911, Chap. 411, as amended by Acts of 1915, 

Chap. 144, Spec. 

A board of shellfish commissioners for New Bedford 
and Fairhaven. 

Section 1. It shall be unlawful for any person 
at any time to dig, take, remove, buy or sell any 
mollusk from the tide waters or flats of the Acush- 
net river, Clark's cove and New Bedford and 
Fairhaven harbor in areas which have been con- 
demned or which hereafter may be condemned as 



FISH LAWS. 89 



polluted waters or flats by the state board of 
health, except as is hereinafter provided. 

Section 2. For the purpose of carrying out 
the provisions of this act there shall be a board 
of shellfish commissioners, composed of the mayor 
and the chairman of the board of health of the 
city of New Bedford and the chairman of the se- 
lectmen and the chairman of the board of health 
of the town of Fairhaven, ex officiis, who shall be 
sworn before entering upon the duties of their 
office. The mayor of the city of New Bedford 
shall be the chairman of the board. The board 
shall elect a clerk who shall keep a record of all 
proceedings of the board and shall issue all no- 
tices and attest all papers and orders as the board 
shall direct. 

Section 3. Said board of shellfish commis- 
sioners shall have authority to grant licenses 
to take mollusks from the polluted waters and 
flats in the waters mentioned in section one; and 
the board shall make such rules and regulations, 
subject to the approval of the state board of 
health, as in the judgment of the licensing board 
may be necessary for the enforcement of this act, 
and may appoint inspectors who shall be sworn 
to the faithful performance of their duties and 
who shall have for the enforcement of the pro- 
visions of this act all the powers of constables, 
except the power of serving civil process. Any 
of said inspectors, and any one lawfully employed 
to enforce the provisions of this act, may for the 
purpose of the enforcement thereof, go upon and 
pass over the lands of any person without being 
considered a trespasser. The licenses granted 
hereunder may be revoked at any time by the 
licensing board. The board shall keep a record 
of the receipts and expenditures of money and 
of the licenses issued, which record shall be open 
at all times for inspection by the state board of 
health, by the board of commissioners on fish- 
eries and game, or by any agents authorized by 
either of said two boards. Said licensing board 



90 FISH LAWS. 



shall make annually a detailed report of its 
doings to the state board of health and to the 
board of commissioners on fisheries and game. 

Section 4. The board of shellfish commis- 
sioners may grant a first class license to an}' per- 
son who is a resident of New Bedford or of Fair- 
haven to take mollusks from the above named 
waters and to sell the same: provided, that the 
licensee shall forfeit his license for one year if he 
shall take mollusks from waters outside the pol- 
luted area without first surrendering his license; 
and if the person holding a first class license 
shall sell or otherwise dispose of mollusks taken 
by him under his license to any person or persons 
other than those who have a second class license 
as hereinafter provided, or if the licensee shall 
land the mollusks taken by him or others for any 
other purpose than to take them to one of the 
depots hereinafter specified for the purpose of 
selling them, or if the licensee shall take mollusks 
from said waters at any other time than between 
sunrise and sunset, or shall neglect to display his 
license number in plain view upon both sides of 
any boat or other conveyance used by him, he 
shall be liable to the penalties hereinafter imposed 
for violation of this act. 

Section 5. Any person, firm or corporation 
ma}* in the discretion of the board, be granted a 
second class license to establish one or more 
depots upon or opposite the polluted territory 
for the purchasing and storing of mollusks from 
the polluted waters hereinbefore specified. Said 
depots shall be used for buying and storing mol- 
lusks from the polluted areas only. Every per- 
son who receives the said second class license shall 
give to the licensing board a bond in the penal 
sum of five thousand dollars with sureties satis- 
factory to said board, conditioned upon buying 
mollusks only from those holding first class li- 
censes, and upon selling or otherwise disposing 
of the said mollusks only to those holding third 
class licenses as hereinafter provided, and the 



' FISH LAWS. 91 



licensee shall agree to comply with all such orders 
and regulations pertaining to the purchase and 
disposal of the said mollusks as shall be made by 
the licensing board and approved by the state 
board of health. Whoever, holding a second 
class license, violates the condition of his bond, 
shall forfeit the amount thereof to the licensing 
board and in addition shall be subject to the 
penalties hereinafter provided. 

Section 6. Any person, firm or corporation, 
including the holder of a second class license 
hereunder who can satisfy the licensing board 
that he or it has suitable grounds within Massa- 
chusetts waters for planting mollusks may be 
granted a third class license to buy, transport 
and plant mollusks taken from the polluted ter- 
ritory described in this act, conditioned upon 
buying such mollusks taken from said polluted 
waters only from those holding second class 
licenses and upon bedding said mollusks in clean 
waters within the city or town to be specified in 
the license, the said city or town to be within the 
boundaries of this commonwealth, and further 
conditioned upon allowing said mollusks there 
to remain for at least thirty days. The licensee 
shall agree to comply with such orders and regu- 
lations pertaining to the purchase, transportation 
and planting of said mollusks as shall be made by 
the licensing board and approved by the state 
board of health. 

Section 7. Any person or corporation who 
violates any provision of this act, or of the rules 
and regulations lawfully made by said board, 
shall be liable to a fine of not more than one 
hundred dollars or to imprisonment for not more 
than ninety days, or to both such fine and im- 
prisonment, and in addition thereto shall forfeit 
any license held by him or it hereunder for one 
year from the date of conviction of such viola- 
tion. 

Section 8. The board of shellfish commis- 
sioners may establish such fees for first, second 



92 FISH LAWS. 



and third class licenses as they deem proper. 
All licenses granted under authority of this act 
shall bear the name, age, place of residence, and 
identifying description of the licensee. Said 
licenses shall be valid for one year from the date 
of issue and no longer, shall not be transferable, 
and shall at all times be produced for examination 
upon the demand or request of any person au- 
thorized to enforce the provisions of this act, 
or of any commissioner on fisheries and game, 
or of a fish or game warden, or on demand of 
any sheriff, constable, police officer or other 
officer authorized to arrest for crime. Failure 
or refusal to produce said license upon such 
demand shall be prima facie evidence of a viola- 
tion of this act. 

Section 9. All moneys received from license 
fees under this act shall be used by the licensing 
board for the purpose of enforcing the pro- 
visions of this act and for purposes incident 
thereto. If the moneys received from the li- 
censes granted hereunder are not sufficient to 
pay the necessary expenses incurred for the 
purposes herein mentioned, the city of New 
Bedford shall from time to time appropriate 
sums of money to meet the deficiency, one half 
of which shall be repaid by the town of Fair- 
haven. If at the end of the year there shall be 
a surplus after meeting all expenses, then such 
surplus shall be divided equally between the city 
of New Bedford and the town of Fairhaven. 

Section 10. Chapter two hundred and eighty- 
five of the acts of the year nineteen hundred and 
seven is hereby repealed so far as it relates to the 
flats and waters included within the provisions 
of this act. 



FISH LAWS. 93 



Acts of 1915, Chap. 214, Spec. 

To authorize the shellfish commissioners for the city 
of New Bedford and the town of Fairhaven to issue 
permits for the taking of mollusks for bait. 

Section 1. The shellfish commissioners for 
the city of New Bedford and the town of Fair- 
haven, established under the provisions of chapter 
four hundred and eleven of the acts of the year 
nineteen hundred and eleven, are hereby au- 
thorized to issue permits for the taking of 
mollusks measuring not less than two and three 
quarters inches across the widest part, for bait 
only, from waters under the jurisdiction of said 
commissioners, and to fix the fees therefor. 
Persons to whom permits are granted under the 
authority of this act shall not be required to sell 
or otherwise dispose of mollusks taken under 
such permits to the holder of a second class 
license, as provided by said chapter four hundred 
and eleven. The holders of such permits are, 
however, hereby prohibited from using, selling 
or disposing of the mollusks taken under such 
permits for any other purpose than as bait for 
fishing. 

Section 2. The holder of any permit granted 
under the authority of this act who sells or 
otherwise disposes of mollusks taken under such 
permit, or who uses or permits to be used any of 
such mollusks for any other purpose than as 
bait for fishing, shall be liable to a fine of not 
more than one hundred dollars or to imprison- 
ment for not more than ninety days, or to both 
such fine and imprisonment, and in addition 
thereto shall forfeit any permit held by him 
hereunder for one year from the date of con- 
viction of such violation. 

Section 3. Said permits shall not be trans- 
ferable, and they may be revoked by said board 
at any time. The holder of any such permit 
shall at all times produce his permit for exami- 
nation upon demand or request of any person 



94 FISH LAWS. 



authorized to enforce the provisions of said 
chapter f6ur hundred and eleven, or of any 
commissioner on fisheries and game, or of a fish 
and game warden, or on demand of any sheriff, 
constable, police officer or other officer authorized 
to arrest for crime. Failure to produce the 
permit upon such demand shall be prima facie 
evidence of a violation of this act. 

Acts of 1915, Chap. 215, Spec. 

Relative to the size of mollusks which may be taken 
from wa.ters under the jurisdiction of the shellfish 
commissioners for the city of New Bedford and the 
town of Fairhaven. 

Section 1. The board of shellfish commis- 
sioners for the city of New Bedford and the 
town of Fairhaven, established under the pro- 
visions of chapter four hundred and eleven of 
the acts of the year nineteen hundred and 
eleven, is hereby authorized to make regulations 
as to the size of mollusks which may be taken 
from the waters under the jurisdiction of said 
commission: provided, however, that before any 
regulations made under the authority of this 
act become operative, they shall be approved by 
the commissioners on fisheries and game. 

Shellfish for bait. 

Section 115. No person shall take from the 
towns of Chatham, Nantucket, Barnstable or 
Mashpee any shellfish for bait or other use, except 
clams and a shellfish commonly known by the 
name of horsefeet; and no quantity exceeding 
seven bushels of clams, including the shells, or 
one hundred horsefeet, shall be taken in one 
week for each vessel or craft, nor, in any case, 
unless a permit has first been obtained from the 
selectmen of the town. 



FISH LAWS. 95 



Acts op 1903, Chap. 216, as amended by Acts of 1912, 
Chap. 131, as amended by Acts of 1915, Chap. 174, 
Spec. 

Protection of shellfish, Edgartown. 

Section 1. No person shall take any shellfish 
from their beds or wilfully obstruct the growth 
of any shellfish within the town of Edgartown, 
except as is hereinafter provided. 

Section 2. The selectmen of said town may 
give permits in writing to any person to take 
shellfish from their beds within said town, at such 
times, in such quantities, and for such uses, as 
they shall deem expedient. But any inhabitant 
of said town may without such permit take from 
the beds in said town shellfish for the use of his 
family, not exceeding in quantity one bushel, 
including shells, in any one day; and any fisher- 
man may without such permit take shellfish from 
the said beds for bait for his own use, not exceed- 
ing in quantity one bushel, including shells, in 
any one day. 

Section 3. No person shall take from their 
beds in said town, or sell or offer for sale, or 
have in his possession, any little neck clams or 
quahaugs measuring less than two inches across 
the widest part. 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine of not less 
than ten nor more than one hundred dollars. 

Section 5. The district court of Dukes 
County shall have concurrent jurisdiction with 
the superior court of all offences under this act. 

Section 6. So much of section eighty-five of 
chapter ninety-one of the Revised Laws as is 
inconsistent herewith shall not apply to the town 
of Edgartown. 



96 FISH LAWS. 



REGULATION OF FISH WEIRS, NETS, 
PURSE AND SWEEP SEINES. 

As AMENDED BY ACTS OF 1913, CHAP. 523. 

Authority to construct. 

Section 116. The mayor and aldermen of a 
city and the selectmen of a town lying upon tide 
water, except cities and towns bordering on 
Buzzard's bay, may in writing authorize any 
person to construct weirs, pound nets or fish 
traps in said waters within the limits of such 
city or town for a term not exceeding five years, 
but no authority or license so given shall be 
valid unless approved in writing by the board 
of harbor and land commissioners. 

* 

Penalty for injury. 

Section 117. Whoever wilfully destroys or 
injures any such weir, pound net or fish trap, or 
takes fish therefrom without the consent of the 
owner, shall forfeit not more than twenty dollars 
to the use of the owner, and shall be liable in an 
action to the person injured. 

Penalty for non-authorized construction. 

Section 118. Whoever constructs or main- 
tains a weir, pound net or fish trap in tide water 
without the authority mentioned in section one 
hundred and sixteen, or from an island in tide 
water without authority in writing from the 
mayor and aldermen of every city and the select- 
men of every town which is distant not over two 
miles from said island, shall forfeit ten dollars 
for each day he maintains such weir, pound net 
or fish trap; and he may be indicted therefor and 
enjoined therefrom. 

Statistical returns of fishing. 

Section 119. The owner of every pound net, 
weir, fyke net, or similar contrivance, of every 
fishing pier, seine, drag or gill net, lobster pot or 



FISH LAWS. 97 



trap used in any of the waters of this common- 
wealth for fishing purposes, shall annually, on or 
before the twentieth day of October, make a 
written report, under oath, to the commissioners 
of the number of pounds and the value of each 
kind of edible fish caught by his pound net, weir, 
fyke net or similar contrivance, pier, seine, drag 
or gill net, and the number and value of lobsters 
taken by him in pots or traps, during the year 
last preceding the date of said report, and the 
number and value of the devices used in such 
catching or taking, and the number of persons em- 
ployed therein; and for such purpose, the com- 
missioners shall annually, on or before the fif- 
teenth day of March, provide him, upon his 
application, with suitable blank forms for such 
reports, so arranged that each month's catch may 
be separately recorded thereon; and, in filling 
out such reports, such owner shall give the results 
of each month's fishing, so far as may be prac- 
ticable. Such owner shall apply to the commis- 
sioners for such blank forms. The owner of any 
cars or other contrivances used for keeping 
lobsters shall have his name and residence legibly 
marked thereon. Whoever knowingly and wil- 
fully violates the provisions of "this section shall 
be punished by a fine of not less than ten nor 
more than one hundred dollars. 

Close time for net fishing. 

Section 120. Subject to the provisions of the 
two following sections, no person shall, from the 
first day of May to the fifteenth day of June, set, 
or permit to remain set, a fish pound, weir, trap, 
fyke or similar fixed apparatus for catching fish, 
except gill nets, between the hours of six o'clock 
on Saturday morning and six o'clock on Sunday 
evening, so as to catch fish in the tidal waters of 
the counties of Dukes County or Bristol, of the 
towns of Mattapoisett, Marion or Wareham, of 
the westerly boundaries of Bourne and Fal- 
mouth at and near Buzzard's bay, or of that por- 



98 FISH LAWS. 



tion of the southerly boundary of the county of 
Barnstable extending from the southwesterly 
corner of the town of Falmouth easterly to Point 
Gammon in the town of Yarmouth. Whoever 
violates the provisions of this section shall be 
punished by a fine of not less than one hundred 
nor more than two hundred dollars; but all 
prosecutions under this section shall be com- 
menced within three months after the commis- 
sion of the offence. 

Acts op 1911, Chap. 374. 
Taking of fish in Lynn harbor. 

Section 1. It shall be unlawful to take fish 
by the use of sweep nets or seines in the waters 
of Lynn harbor between the Point of Pines in the 
town of Revere and Bass Point in the town of 
Nahant, except that between the first day of 
October and the first day of January following 
fish may so be taken: -provided, that a permit 
therefor is first obtained from the harbor master 
of the city of Lynn. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine of not more 
than one hundred dollars for each offence. 

Acts of 1911, Chap. 69. 

The taking of flounders and other ground fish by 
certain apparatus in the vicinity of Pemberton point 
and Pig rock prohibited. 

Section 1. It shall be unlawful to take 
flounders or any other ground fish in the waters 
tying inshore from a line drawn from Pemberton 
point, in the town of Hull, to Pig rock, in the 
town of Swampscott, by beam trawl or by any 
apparatus other than a hook and line or an ordi- 
nary trawl. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine not ex- 
ceeding two hundred dollars for each offence. 



FISH LAWS. 99 



Acts of 1911, Chap. 107. 
Beam trawling in Boston harbor prohibited. 

Section 1. It shall be unlawful for any per- 
son to practice beam trawling in Boston harbor 
or to take or attempt to take any fish by that 
method. 

Section 2. Whoever violates the provisions 
of this act shall be punished by a fine not ex- 
ceeding one hundred dollars, or by imprisonment 
for a term nqt exceeding three months, or by 
both such fine and imprisonment. 

Acts of 1912, Chap. 63. 

Taking fish in the waters of the city of Salem. 

Section 1. It shall be unlawful for any 
person to take fish in the waters of the city of 
Salem by beam trawl, otter trawl or seine: pro- 
vided, however, that the harbor master of the city 
may grant permits for the taking of fish in the 
said waters by the use of seines. 

Section 2. Whoever violates the provisions 
of this act shall be punished, for a first offence, by 
a fine of not less than fifty nor more than two 
hundred dollars, or by imprisonment for not less 
than six nor more than twelve months, or by 
both such fine and imprisonment; and for a 
second offence by both such fine and imprison- 
ment. 



Traps prohibited in Buzzard's bay. 

Section 121. Wlioever sets, uses or main- 
tains any trap, weir, pound, yard or other sta- 
tionary apparatus of any kind for the taking of 
fish in the waters of Buzzard's bay or in any har- 
bor, cove or bight thereof shall be punished by a 
fine of not less than one hundred nor more than 
five hundred dollars, or by imprisonment for not 
more than six months. 



100 FISH LAWS. 



Nets prohibited in Buzzard's bay. 

Section 122. No person shall draw, set, 
stretch or use any drag net, set net or gill net, 
purse or sweep seine of any kind for taking fish 
in the waters of Buzzard's bay or in any harbor, 
cove or bight thereof within the jurisdiction of 
this commonwealth. Whoever violates, or aids 
or abets in the violation of, the provisions of this 
section shall be punished by a fine of not more 
than two hundred dollars for each offence. 

Penalties. 

Section 123. A net or seine which is used in 
violation of the provisions of the preceding sec- 
tion and a boat, craft or fishing apparatus which 
is employed in such illegal use, and all fish found 
therewith, shall be forfeited. An inhabitant of a 
town bordering on said bay may seize and detain 
for not more than forty-eight hours any net or 
seine found in use in violation of the provisions 
of the preceding section, and any boat, craft, 
fishing apparatus and fish found therewith, so 
that they may be seized and libelled. 

When nets are nuisances. 

Section 124. All nets and seines in actual use 
which are set or stretched in violation of the pro- 
visions of sections one hundred and twenty-two 
and one hundred and twenty-eight are declared 
to be common nuisances. 

Fishing rights in Buzzard's bay. 

Section 125. The provisions of the four pre- 
ceding sections shall not affect the corporate 
rights of any fishing company situated on Buz- 
zard's bay, nor the use of nets or seines in law- 
ful fisheries for shad or alewives in influent 
streams of said bay. 

Limits of Buzzard's bay. 

Section 126. In the statutes of this common- 
wealth the term "waters of Buzzard's bay" shall 
be deemed to mean the body of water commonly 



FISH LAWS. 101 



known as Buzzard's bay and extending south- 
westerly to a line drawn from Cuttyhunk light- 
house to the southerly extremity of Gooseberry 
neck in the town of Westport. 

Acts op 1912, Chap. 327. 

Authorizes the taking of flounders by means of dredges 
and trawls in the waters of the town of Edgartown. 

Section 1. It shall be lawful to take flounders 
in the waters of the town of Edgartown by means 
of dredges, beam trawls or otter trawls. 

Section 2. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

AS AMENDED BY ACTS OF 1905, CHAP. 281. 

Restrictions, Edgartown and Cottage City. 1 

Section 127. Whoever sets or uses or aids in 
setting or using any seine, mesh net or gill net for 
the purpose of catching any other fish than mack- 
erel, or by such means catches and retains any 
other fish than mackerel, in the waters of the 
towns of Edgartown and Cottage City, * within 
three miles from the shores thereof, may, upon 
view of the offence by any of the commissioners 
on fisheries and game or their deputies, or any 
officers qualified to serve criminal process or mem- 
ber of the district police, be arrested without 
warrant and prosecuted by him; and on con- 
viction thereof shall be punished by a fine of not 
more than two hundred dollars, and, in the dis- 
cretion of the court, shall forfeit to the common- 
wealth all fish taken in said nets. The pro- 
visions of this section shall not affect the rights 
of any persons mentioned in section twenty-three 
or the corporate rights of any fishing company; 
nor shall they prevent the inhabitants of said 
towns from taking menhaden for bait for their own 
use in the waters of their respective towns in the 
months of July, August, September and October. 

> Now Oak Bluffs. 



102 FISH LAWS. 



Section 2. This act shall not restrict or affect 
the authority granted by chapter three hundred 
and one of the acts of the year nineteen hundred 
and four to the selectmen of the town of Edgar- 
town to issue certain permits for the taking of 
bait. 

Acts of 1913, Chap. 134. 

To repeal an act relative to the taking of fish in the 
waters of Tisbury and elsewhere. 

Chapter eighty-four of the acts of the year 

eighteen hundred and thirty, which regulates 

the taking of fish in the waters of the town of 

Tisbury and in Holmes Hole harbor, is hereby 

repealed. 

Acts of 1907, Chap. 301. 

Restrictions in the waters of Barnstable and Mashpee 
on Nantucket sound. 

Section 1. After the passage of this act no 
person shall draw, set, stretch or use any purse or 
sweep seine of any kind, except as is herein- 
after provided, for taking fish anywhere in the 
waters of the towns of Barnstable or Mashpee on 
Nantucket Sound, so-called, northerly of or 
within a straight line extended from Point Gam- 
mon to Succonessett Point; nor in any bay, har- 
bor, cove or bight of said waters, nor in any inlet 
or stream flowing into the same: provided, how- 
ever, that nothing herein contained shall be so 
construed as to forbid or make unlawful the 
catching of menhaden or other small fish for bait 
purposes, nor the use of nets for the taking of 
herring, nor the use of dredges or drag nets for 
the taking of scallops. 

Section 2. Whoever violates any provision 
of this act, or aids or assists in so doing, shall be 
punished by a fine of not less than fifty dollars 
nor more than five hundred dollars for each 
offence, or by imprisonment for a term not ex- 
ceeding six months. 

Section 3. Any net, seine or movable device 
for catching fish used in violation of any pro- 
vision of this act, together with any boat, craft, 



FISH LAWS. 103 



vessel, steamer or fishing apparatus employed in 
such illegal use, and any fish found therewith, are 
hereby declared to be public nuisances and for- 
feited; and it shall be lawful for any inhabitant 
of said Barnstable or Mashpee, or any constable, 
police officer or deputy sheriff in the common- 
wealth, to seize and detain, without warrant, for 
a period not exceeding forty-eight hours, any 
such net, seine or movable device, boat, craft, 
vessel, steamer or fishing apparatus found in use 
contrary to the provisions of this act, and any 
fish found therewith, to the end that the same 
may be libelled, if necessary, by due process of 
law. District courts and trial justices shall have 
concurrent jurisdiction with the superior court 
of all offences and proceedings under the pro- 
visions of this act, regardless of the value of the 
property libelled. 



Acts of 1904, Chap. 118. 
Restrictions, Pleasant bay, Orleans. 

Section 1. No purse or sweep seines, set nets 
or gill nets, for the taking of fish shall be set, 
drawn, used or maintained in the waters of 
Pleasant bay or its tributaries in the town of 
Orleans; but nothing herein contained shall be 
construed to forbid or make unlawful the main- 
taining of traps, pounds or weirs under licenses 
granted in accordance with section one hundred 
and sixteen of chapter ninety-one of the Revised 
Laws. 

Section 2. Any person who shall set, draw, 
use or maintain a purse or sweep seine, set net or 
gill net in violation of this act shall be punished 
by a fine of not less than one hundred nor more 
than five hundred dollars, or by imprisonment for 
a term not exceeding six months. 

Section 3. Chapter one hundred and sixty- 
three of the acts of the year nineteen hundred and 
one is hereby repealed. 



104 FISH LAWS. 



As amended by Acts op 1907, Chap. 298. 
Restrictions, Westport. 

Section 128. Whoever draws, sets, stretches 
or uses any net, purse or seine of any kind for 
taking fish in the waters of Westport river be- 
tween the first day of May and the first day of 
November shall be punished by a fine of not more 
than fifty dollars or by imprisonment for not 
more than three months, or by both such fine and 
imprisonment; and it shall be the duty of every 
officer designated in section four of this chapter 
to seize fish killed contrary to the provisions of 
this chapter and to report the seizure to the com- 
missioners on fisheries and game, who shall 
authorize the sale of such fish; and the proceeds 
of any such sale, after paying the expenses 
thereof, shall be paid into the treasury of the 
commonwealth. 

Section 2. Section one hundred and twenty- 
nine of said chapter ninety-one is hereby repealed. 

Fish wardens, Westport. 

Section 130. The town of Westport shall at 
each annual town election choose by ballot for a 
term of three years a person who shall be sworn 
to enforce the provisions of section one hundred 
and twenty-eight. 

Acts op 1904, Chap. 319. 
Fish wardens, Edgartown. 

The town of Edgartown is hereby authorized 
to choose at any annual town meeting, or at any 
meeting duly called for the purpose, fish wardens, 
in such number and with such compensation as 
the town may determine, who shall be sworn to 
the faithful discharge of their duty, which shall 
be to enforce the fishery laws in that town; and 
for this purpose the fish wardens so chosen shall 
have the powers which the district police now 
have or shall hereafter have for the enforcement 
of the fishery laws of the commonwealth. 



FISH LAWS. 105 



Acts op 1904, Chap. 301. 
Regarding eel bait, Edgartown. 

Section 1. The selectmen of the town of 
Edgartown, or any two of them, may issue to any 
inhabitant of said town holding a permit for the 
taking of eels by means of pots, permits for 
the taking of bait for his own use only from the 
waters of said town by means of nets or seines. 
Such permits shall not be issued for the use of nets 
or seines more than one hundred and fifty feet 
long, or of a size of mesh of more than three 
fourths of an inch, and shall be issued for the 
talcing of such bait only between the first day of 
June and the fifteenth day of December in each 
year. The provisions of this act shall not affect 
the rights of the persons designated in section 
twenty-three of chapter ninety-one of the Re- 
vised Laws, or the corporate rights of any fishing 
company. 

Section 2. So much of section one hundred 
and twenty-seven of chapter ninety-one of the 
Revised Laws and of any other act as is incon- 
sistent herewith is hereby repealed. 

GENERAL PROVISIONS. 

Penalty for robbing pots, trawls, etc. 

Section 131. Whoever takes any fish or 
lobster from a trap, trawl or seine net for catching 
fish or lobsters, without the consent of the owner 
thereof, and whoever wilfully molests or inter- 
feres with such trap, trawl or seine, shall, for the 
first offence, be punished by a fine of not less than 
five nor more than twenty-five dollars or by im- 
prisonment for thirty days, or by both such fine 
and imprisonment; and for any subsequent 
offence, by a fine of not less than twenty nor more 
than fifty dollars or by imprisonment for sixty 
days, or by both such fine and imprisonment. 



106 FISH LAWS. 



As AMENDED by Acts op 1908, Chap. 492. 
Apparatus for taking fish which frequent fresh water. 
Section 132. Whoever takes any fish which 
at any season frequent fresh water, except as 
otherwise allowed in this chapter, in any other 
manner than by artificially or naturally baited 
hook and hand line, shall forfeit not less than 
five nor more than fifty dollars; but towns may 
permit the use of nets and seines for taking 
herring and alewives; and nothing in this act 
shall be construed to prohibit the spearing of that 
species of fish commonly known as "suckers." 

as amended by acts of 1903, chap. 246, and by acts op 

1913, Chap. 439. 

Penalty for using dynamite or poisonous substances 
for taking or killing fish. 

Section 133. Whoever puts or throws into 
any waters for the purpose of taking or destroy- 
ing fish therein any poisonous substance, simple, 
mixed or compound, or whoever kills or destroys 
fish by the use of dynamite or other explosive, 
or explodes dynamite or powder in fishing 
waters, shall be punished by a fine not exceeding 
five hundred dollars or by imprisonment for a 
term not exceeding one year for each offence: 
provided, however, that the provisions of this 
act shall not apply to operations of the federal 
government, of the state government, or of any 
municipal government in this commonwealth, 
nor to the use of explosives for raising the body 
of a drowned person. 

Shellfish constables. 

Section 134. The mayor and aldermen of a 
city or the selectmen of a town may designate 
one or more constables for the detection and 
prosecution of any violation of the laws of the 
commonwealth relative to shell fisheries. Such 
constables may arrest without warrant any per- 
son found violating such laws, and detain him for 



FISH LAWS. 10/ 



prosecution not more than twenty-four hours; 
and may seize any boat or vessel used in such 
violation, and her tackle, apparel and furniture 
and implements which shall be forfeited. 

Time of prosecutions. 

Section 135. Actions and prosecutions under 
the laws relative to fisheries shall, unless other- 
wise expressly provided, be commenced within 
one year after the time when the cause of action 
accrued or the offence was committed. 

Duties of municipal officers, etc. 

Section 136. The mayor and aldermen of 
cities, the selectmen of towns, police officers and 
constables shall cause the provisions of sections 
sixty-three, seventy-one and seventy-two to be 
enforced in their respective cities and towns. 

Acts of 1908, Chap. 330. 

Disposition of fines recovered in prosecutions under 
the laws relating to fisheries, birds, animals and 
game. 

Section 1. All fines, penalties and forfeitures 
recovered in prosecutions under the laws relative 
to fisheries or to birds, animals and game, except 
as provided in section eighty-eight of chapter 
ninety-one of the Revised Laws, as amended by 
section one of chapter three hundred and three 
of the acts of the year nineteen hundred and 
seven, shall be equally divided between the 
county in which such prosecution is made and 
the commonwealth: provided, however, that if 
the plaintiff is a deputy appointed by the com- 
missioners on fisheries and game and is receiving 
compensation from the commonwealth, such 
fines, penalties and forfeitures shall be paid into 
the treasury of the commonwealth. 

Section 2. Section one hundred and thirty- 
seven of chapter ninety-one of the Revised Laws 
and section twenty of chapter ninety-two of the 
Revised Laws, as amended by chapter four 



10S FISH LAWS. 



hundred and forty-five of the acts of the year 
nineteen hundred and five and by chapter three 
hundred of the acts of the year nineteen hundred 
and seven, are hereby repealed. 

Special statutes not repealed. 

Section 138. The provisions of this chapter 
shall not repeal or affect any provisions or penal- 
ties contained or any privileges granted in any 
special statutes relating to fisheries in particular 
places. 

Acts of 1908, Chap. 76. 
Bounty on seals abolished. 

Section 1. Section one hundred and thirty- 
nine of chapter ninety-one of the Revised Laws, 
establishing a bounty for killing seals, is hereby 
repealed. 

Kelp and seaweed. 

Section 140. Any person may take and 
carry away kelp or other seaweed between high 
and low water mark while it is actually adrift in 
tide waters ; but for such purpose no person shall 
enter on upland or on lawfully enclosed flats 
without the consent of the owner or lawful occu- 
pant thereof. The provisions of this section 
shall not apply to any city or town in which the 
subject matter thereof is regulated by special laws. 



GAME LAWS. 109 



FEDERAL REGULATIONS 

RELATIVE TO MIGRATORY BIRDS 

MODIFY MASSACHUSETTS LAWS. 



Special attention is called to the following: — 
The Commissioners on Fisheries and Game 
have ruled that in all instances where the Federal 
law provides for a longer open season the State 
law shall be in force. In all instances where the 
Federal law provides a shorter open season than 
does the State law, the Federal law shall be in 
force. 



MIGRATORY BIRDS. Daily closed season, sunset to 
sunrise. 

DUCKS, GEESE AND BRANT. Open season October 
1 to December 31, inclusive. Close season on swan3 and 
wood ducks until Sept. 1, 1918. Federal law in force. 

PLOVER, SNIPE AND RAIL. Open season August 
15 to November 30, inclusive. Winter and summer yellow 
legs, golden plover and black-breasted plover, jacksnipe 
and rail only to be taken. Federal law in force. 

WOODCOCK. Open season October 10 to November 
30, inclusive. State law in force; see p. 118. 

Penalty for violation: S100, 90 days, or both. 

Full copies of Federal Regulations may be 
had by writing to the Bureau of Biological 
Surve}', Washington, D. C. 



110 GAME LAWS. 



GAME LAWS. 



Revised Laws, Chap. 92. 

PRESERVATION OF CERTAIN BIRDS AND 
ANIMALS. 

Acts of 1911, Chap. 614, as amended by Acts of 1912, 
Chap. 379; Acts of 1913, Chaps. 249 and 479; Acts of 
1915, Chap. 212, Gen. 

Licensing and registration of hunters and disposi- 
tion of the license fees. 

Section 1. It shall be unlawful for any per- 
son to hunt, pursue, take or kill any bird or 
quadruped without first having obtained a cer- 
tificate of registration as hereinafter provided: 
provided, however, that nothing in this act shall 
be construed as affecting in any way the pro- 
visions of the general laws relating to trespass, 
or as authorizing the hunting, pursuing, taking, 
wounding or killing, or the possession of birds or 
quadrupeds contrary to any laws now or here- 
after in force, nor shall the possession of the 
said certificate of registration grant or confer 
any privilege not enjoyed prior to the passage of 
this act. But this act shall not prohibit any 
person who is a legal resident of Massachusetts 
from hunting on land owned or leased by him, 
provided that he is actually domiciled on such 
land, and that the land is used exclusively for 
agricultural purposes, and not for club or shoot- 
ing purposes. 

Section 2. The clerk of any city or town 
shall, upon the application of any person entitled 
to receive a certificate of registration under any 
of the classes hereinafter described, and upon 
payment of the registration fee hereinafter speci- 
fied, and the furnishing of an affidavit by any 
non-resident who desires to be classified under 



GAME LAWS. Ill 



clauses one, two and three of section four of this 
act, register and issue to such person a certificate 
in the form prescribed and upon a blank fur- 
nished by the commissioners on fisheries and 
game, which certificate shall bear the name, age, 
occupation, place of residence, and signature and 
identifying description of the person thus regis- 
tered, and shall authorize the person so regis- 
tered to hunt birds and quadrupeds, subject to 
such conditions as are provided by law. Said 
certificate shall be valid only to January first 
next following the date of issue and no longer, 
shall not be transferable, and shall be produced 
for examination upon demand of any person. 
Failure or refusal to produce said certificate upon 
such demand shall be prima facie evidence of 
the violation of this act. 

Section 3. Every unnaturalized, foreign- 
born person shall pay for such registration a fee 
of fifteen dollars to the clerk of the city or town 
in which he resides and from whom he procures 
his certificate. 

Section 4. Every citizen of the United 
States, not a legal resident of this commonwealth, 
and not having been actually domiciled therein 
for a period of six months, shall pay for said 
registration a fee of ten dollars to the clerk of 
the city or town from whom he procures his cer- 
tificate, except such persons as come within one 
of the three following classes, in which case the 
applicant shall pay for his registration the sum 
of one dollar to the clerk of the city or town from 
whom he procures his certificate. 

(1) The resident of another state who owns 
real estate situated in this commonwealth which 
is assessed for taxation at not less than five hun- 
dred dollars. 

Section 4 was amended by Acts of 1913, chap- 
ter four hundred and seventy-nine, which reads 
as follows: The provisions of section four of 
chapter six hundred and fourteen of the acts 
of the year nineteen hundred and eleven, fixing 



112 GAME LAWS. 



the Jiunters' license fee for the resident of 
another state who owns real estate situated in 
this commonwealth which is assessed for taxa- 
tion at not less than five hundred dollars, shall 
also apply to any minor child over eighteen 
years of age of any such resident. 

(2) A non-resident member of any association 
incorporated prior to the year nineteen hundred 
and seven for the purpose of hunting: provided, 
that such corporation owns real estate in this 
commonwealth which is assessed for taxation at 
not less than one thousand dollars. 

(3) A non-resident who, on the written invita- 
tion of a member of any club incorporated under 
the laws of Massachusetts, attends the meeting 
of such club for the purpose of hunting foxes 
only, during a period not exceeding four days: 
provided, that the membership list of the club 
shall be filed with the clerk of the town in which 
the hunt takes place. 

Section 5. Every citizen of the United 
States who is a legal resident of this common- 
wealth shall pay for such registration the fee of 
one dollar to the clerk of the city or town for 
whom he procures his certificate. 

Section 6. Out of the fee paid in any and all 
of the foregoing classes the sum of fifteen cents 
shall be retained by the clerk of the city or town 
in which the registration is recorded, if the annual 
salary of such clerk does not exceed five hundred 
dollars; but if his salary exceeds five hundred 
dollars, no part of said fee shall be retained by 
him. 

Section 7. Minors under sixteen years of 
age, upon making application for registration, 
shall furnish the consent of their parents or 
guardian in writing, and such written consent 
shall be filed with the records of such applica- 
tion. 

Section 8. Whoever loses, or by mistake 
or accident destroys his certificate of registra- 
tion may, upon application to the commission 



GAME LAWS. 113 



on fisheries and game accompanied by an affi- 
davit fully setting forth the circumstances of the 
loss, receive without charge a duplicate certifi- 
cate for the remainder of the year covered by 
the original certificate. 

Section 9. Every city and town clerk shall 
report all such registration in books kept for 
that purpose, which books shall be open to 
public inspection during the usual office hours 
of such clerk, and subject to audit and inspection 
by the commissioners on fisheries and game, by 
the state auditor, or by their agents, at all 
times; and said clerk shall, on the first Monday 
of every month, pay to the board of commis- 
sioners on fisheries and game all money received 
by him for the said registrations, except the 
recording fees which he is entitled to retain, as 
provided in section six, together with a receipted 
bill for fees due and received in accordance 
with section six of this act, issued during the 
month preceding. The state auditor, or his 
representative, may at any time demand the 
above mentioned books, and may retain posses- 
sion of them until his audit and inspection are 
completed. Any city or town clerk who refuses 
or neglects to deliver any such book on demand 
as aforesaid shall be liable to a fine of fifty 
dollars. All remittances shall be made by 
certified check, United States post office money 
order, express money order or lawful money of 
the United States. The board of commissioners 
on fisheries and game shall, in accordance with 
the provisions of section fifty-six of chapter six 
of the Revised Laws, pay to the treasurer and 
receiver general all money received by them for 
the said registrations issued during the previous 
month, and shall furnish him with a list of the 
number and kind of registrations recorded by 
each city and town clerk during the previous 
month. 

Section 10. A non-resident hunting license 
shall entitle the licensee to carry from the com- 



114 GAME LAWS. 



monwealth and into any other state according 
similar privileges not more than ten wild fowl, 
or game birds of all kinds, the exportation of 
which is prohibited by law, in any one calendar 
year: 'provided, that the licensee shall carry them 
open to view for inspection, shall present his 
certificate for inspection upon demand, and shall 
have informed by letter or otherwise the com- 
missioners on fisheries and game or the deputy 
in whose district the said non-resident is hunting, 
as to the number and kinds of wild fowl or game 
birds which he intends to carry from the com- 
monwealth. 

Section 11 Any person who makes a false 
representation as to birthplace, requirements 
for identification, or of facts relative to property 
qualifications, or naturalization, or otherwise 
violates any provision of this act shall be fined 
not less than ten nor more than fifty dollars, or 
be imprisoned for not more than thirty days, or 
may be punished by both such fine and im- 
prisonment. The certificate of any person who 
shall be convicted of a violation of the game 
laws or of any provision of this act shall be 
void, and his certificate shall immediately be 
surrendered to the officer who secures such con- 
viction, and the officer shall forthwith forward 
the certificate to the commission on fisheries 
and game, who shall cancel the same and notify 
the clerk issuing the certificate of the cancellation 
of the certificate, and no person shall be entitled 
to receive a certificate during the period of one 
year from the date of conviction. Any certificate 
issued to such person within one year of his con- 
viction under this act, or under any other pro- 
vision of the game laws, shall be void, and shall 
be surrendered on demand of any officer au- 
thorized to enforce the game laws. 

Section 12. The fees and fines received 
under the provisions of this act shall be paid 
into the treasury of the commonwealth. 



GAME LAWS. 115 



Acts of 1915, Chap. 240, Gen. 
Aliens not to hunt or have firearms. Exceptions. 

Section 1. It shall be unlawful for any un- 
naturalized foreign born resident, unless he owns 
real estate in this commonwealth to the value of 
not less than five hundred dollars, to hunt, 
capture or kill any wild bird or animal, either 
game or otherwise, of any description, excepting 
in defence of the person, and it shall be" unlawful 
for any such unnaturalized, foreign born resident 
within this commonwealth to own or have in 
his possession or under his control a shotgun or 
rifle of any make. Whoever violates any pro- 
vision of this section shall be punished by a fine 
of fifty dollars for each offence, or by imprison- 
ment for not more than thirty days, or by both 
such fine and imprisonment; and any shotgun 
or rifle owned by him or found in his possession 
or under his control shall be forfeited to the 
commonwealth. 

Section 2. For the purpose of this act, any 
unnaturalized foreign born person who shall 
reside or live within the boundaries of this 
commonwealth for ten consecutive days shall 
be held to be a resident. 

Section 3. Notice of the seizure of any fire- 
arm owned by or found in the possession or 
under the control of any person violating any 
provision of this act shall be sent to the board of 
commissioners on fisheries and game by the 
officer making the seizure immediately after 
the guilt of such person shall be established by 
a final adjudication in any prosecution brought 
against him for such violation, and the firearms 
so seized shall be sold at the discretion of the 
board of commissioners on fisheries and game, 
who shall pay the proceeds into the treasury of 
the commonwealth. 

Section 4. The commissioners and their 
deputies, game wardens, members of the district 
police, and all other officers qualified to serve 



116 GAME LAWS. 



criminal process shall have the right, and it is 
hereby made their duty, to arrest, without 
warrant, any person found with a shotgun or 
rifle in his possession, if they have reason to 
believe that such person is an unnaturalized, 
foreign born person who does not own real estate 
in this commonwealth to the value of five 
hundred dollars or more. The arrest may be 
made upon Sunday, in which case the person so 
arrested may be committed for safe keeping to 
a jail or lock-up for that day; but he shall be 
taken before the proper magistrate and pro- 
ceeded against on the Monday following the 
arrest; and any such officer shall have the right, 
if he has reason to believe that a shotgun or 
rifle is being concealed by an unnaturalized, 
foreign born resident who does not own real 
estate in this commonwealth to the value of 
five hundred dollars or more, to apply to any 
court having jurisdiction of the offence, and the 
court, upon receipt of proof, made by affidavit, 
of the probable cause for believing that there is 
such concealment by such person shall issue a 
search warrant and cause a search to be made in 
any place where such shotgun or rifle may be 
concealed; and to that end the said officer shall 
have power, after demand and refusal, to cause 
any building, room, inclosure or car to be broken 
open and entered, and any closet, chest, locker, 
box, trunk, crate, basket, box, package or other 
receptacle, to be opened and its contents exam- 
ined by said officer. 

Section 5. All acts and parts of acts in- 
consistent herewith are hereby repealed. 

Revised Laws, Chap. 92, Sect. 1, as amended by Acts 
of 1904, Chap. 176. 

Lord's day, close season. 

Section 1. The Lord's day shall be close sea- 
son. Whoever hunts or destroys birds, wild 
animals or game of any kind on the Lord's day 
shall be liable to a penalty of not less than ten 



GAME LAWS. 117 



nor more than twenty dollars in addition to any 
penalties for taking, killing or having in posses- 
sion birds, wild animals or game protected by law. 

Acts of 1909, Chap. 422. 

Governor may proclaim a close season for game in 
times of drouth. 

Section 1. Whenever, during an open sea- 
son for the hunting of any kind of game in this 
state, it shall appear to the governor that by 
reason of extreme drouth the use of firearms in 
the forest is liable to cause forest fires, he may, 
by proclamation, suspend the open season and 
make it a close season for the shooting of birds 
and wild animals of every kind for such time as 
he may designate, and may prohibit the dis- 
charge of firearms in or near forest land during 
the said time. 

Section 2. During the time designated as 
above by the governor, all provisions of law re- 
lating to the close season shall be in force, and 
whoever violates any such provision shall be sub- 
ject to the penalties prescribed therefor. In 
case any person shall, during a close season pro- 
claimed as aforesaid, discharge a firearm in or 
near forest land, or shoot any wild animal or 
bird, as to which there is no close season other- 
wise provided by law, he shall be subject to a 
fine of not more than one hundred dollars. 

Section 3. A proclamation issued under au- 
thority hereof shall be published in such news- 
papers of the state and posted in such places and 
in such manner as the governor may direct, under 
the charge and direction of the state forester and 
the commissioners on fisheries and game. 



118 GAME LAWS. 



Acts of 1911, Chap. 236, as amended by Acts of 1912, 

Chap. 203. 

Ruffed grouse and -vroodcock. 1 

Section 1. It shall be unlawful, excepting 
only between the twelfth day of October and 
the twelfth day of November of each year, both 
dates inclusive, to hunt, pursue, take or kill 
a ruffed grouse, commonly called partridge, or 
a woodcock, or to have the same, or any part 
thereof, in possession, whenever or wherever the 
same may have been taken or killed; and it 
shall be unlawful at any time to buy, sell, offer 
for sale, or otherwise dispose of a ruffed grouse 
or woodcock or any part thereof, whenever or 
wherever the same may have been taken or 
killed; and it shall be unlawful at any time to 
take or send or cause to be taken or transported 
beyond the limits of the commonwealth the 
above named birds, or to have in possession any 
such bird with intent to take or cause the same 
to be taken out of the commonwealth. 

Section 2. So much of chapter ninety-two 
of the Revised Laws as is inconsistent herewith, 
and chapter four hundred and forty-one of the 
acts of the year nineteen hundred and eight, 
chapter two hundred and seventy-two of the 
acts of the year nineteen hundred and nine, and 
chapter three hundred and sixty-five of the acts 
of the year nineteen hundred and ten, are 
hereby repealed. 

Section 3. Whoever violates the provisions 
of this act shall be punished by a fine of twenty 
dollars for each bird or part thereof in respect to 
which the violation occurs; and possession of a 
ruffed grouse or woodcock, except during the 
open season, as provided above, shall be prima 
facie evidence that the person having possession 
has violated the provisions of this act. 

1 See Federal Regulations on migratory birds, page 109. 



GAME LAWS. 119 



Acts of 1911, Chap. 356, as amended by Acts of 1912, 

Chap. 270. 

Quail. 

Section 1. It shall be unlawful excepting 
only between the twelfth day of October and 
the twelfth day of November of each year, both 
dates inclusive, to hunt, pursue, take or kill a 
quail or to have the same, or any part thereof, 
in possession except as provided in sections 
two and three hereof; and it shall be unlaw- 
ful at any time to take or send or cause to be 
taken or transported beyond the limits of the 
commonwealth a quail which was taken or 
killed within the commonwealth, or to have in 
possession quail with intent to take or cause the 
same to be taken out of the commonwealth, ex- 
cept quail artificially propagated as provided in 
section two hereof. 

[Sections 2 and 3 repealed by Acts of 1912, 
Chap 567.] 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine of twenty 
dollars for each bird or part thereof, in respect to 
which the violation occurs. The possession, ex- 
cept as provided above, of quail during the sea- 
son when taking, killing, or sale is prohibited by 
law shall be prima facie evidence that the person 
having possession has violated some provision of 
this act. 

Acts of 1914, Chap. 79, as amended by Acts of 1915, 

Chap. 3, Gen. 

Quail; killing in Essex County prohibited. 

It shall be unlawful to hunt, pursue, take or 
kill quail in the county of Essex until the be- 
ginning of the open season for quail throughout 
the commonwealth in the year nineteen hundred 
and nineteen. Whoever violates the provisions 
of this act shall be punished by a fine of twenty 
dollars for each bird in respect to which the 
violation occurs. 



120 GAME LAWS. 



Acts of 1911, Chap. 19. 
Gray, European or Hungarian partridge. 

Section 1. It shall be unlawful to hunt, pur- 
sue, take or kill, sell or offer for sale, or to have 
in possession, the bird known as Perdix cinerea, 
commonly called Hungarian partridge, gray or 
European partridge, except as hereinafter pro- 
vided. 

Section 2. Upon application to the commis- 
sioners on fisheries and game written permission 
may be granted to any person to engage in rear- 
ing of this bird, and to dispose of the same, 
under such rules and regulations, approved by 
the governor and council, as may be made from 
time to time by the commissioners. Such arti- 
ficially propagated birds, Hungarian partridge, 
gray or European partridge, may be sold or had 
in possession at any season of the year for pur- 
poses of propagation. 

Section 3. Whoever violates any provision 
of this act, or any rule or regulation made as 
aforesaid, shall be punished by a fine not exceed- 
ing fifty dollars for each bird or part thereof in 
respect to which the violation occurs. 

Acts of 1907, Chap. 118. 
Protection of loons and eagles. 

Section 1. It shall be unlawful to hunt, cap- 
ture, wound or kill a loon in or upon fresh water, 
or an eagle in any place. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine of twenty 
dollars. 

Acts of 1906, Chap. 141, as amended by Acts of 1911, 

Chap. 18. 

To prevent the extermination of the heath hen, so- 
called. 

Section 1. It shall be unlawful to hunt, 
take or kill that species of pinnated grouse com- 
monly called heath hen, and scientifically known 



GAME LAWS. 121 



as Tympanuchus cupido, or to buy, sell, other- 
wise dispose of, or have in possession the same or 
any part thereof, previous to the first day of 
November in the year nineteen hundred and six- 
teen. 

Section 2. So much of section four of chap- 
ter ninety-two of the Revised Laws as is incon- 
sistent herewith is hereby repealed. 

Section 3. Whoever violates any provision 
of this act shall be punished by a fine of one hun- 
dred dollars for each bird or part thereof in re- 
spect to which the violation occurs. 

Acts of 1907, Chap. 504. 

Authorizes the taking of certain unimproved land 
upon the island of Martha's Vineyard for the pro- 
tection of pinnated grouse and other birds. 

Section 1. The commissioners on fisheries 
and game are hereby authorized to take, or re- 
ceive as a gift, or lease, for and in the name of the 
commonwealth such unimproved lands on the 
island of Martha's Vineyard, not exceeding one 
thousand acres, and such other property as they 
may deem necessary for the purpose of making 
fire stops for the protection from fire of the feed- 
ing and breeding grounds of the pinnated grouse, 
or of otherwise securing the maintenance and 
increase of the said birds, or of any other species 
of wild birds upon said island; and the control 
and the use of the lands or other property so ac- 
quired or leased, or of any land or property 
otherwise placed under the temporary or per- 
manent control of said commissioners for the 
said purposes shall be vested in said^ commis- 
sioners, and the provisions of chapter three hun- 
dred and twenty-seven of the acts of the year 
nineteen hundred and six shall apply thereto. 

Section 2. Said commissioners shall, within 
thirty days after taking any land under this act, 
file and cause to be recorded in the office of the 
register of deeds for the county of Dukes County 
at Edgartown, a certificate describing by metes 






122 GAME LAWS. 



and bounds the land so taken, stating the names 
of the owners, so far as they may be known, and 
also stating the purpose of such taking as here- 
inbefore specified. Said plan and certificate 
shall be signed by said commissioners, or by a 
majority of them. 

Section 3. Any person sustaining damages 
by the taking of land as herein provided, who 
fails to agree with said commissioners as to the 
amount thereof, may, on application at any time 
within one year after the taking of such land, 
have the same assessed and determined in the 
manner provided by law in the case of land 
taken for the laying out of highways. 

Section 4. In any proceeding for the re- 
covery of damages hereunder, said commissioners 
may offer in court and may consent in writing 
that the sum therein specified may be awarded 
to the complainant as damages, and if the com- 
plainant shall not accept the same within ten 
days after he has received notice of such offer 
and shall not finally recover a greater sum than 
that offered, not including interest on the sum 
recovered in damages from the date of the offer, 
said commissioners shall be entitled to recover 
costs after such date, and the complainant, if he 
recover damages, shall be allowed costs only to 
the date of the offer unless the damages so re- 
covered shall be in excess of the amount offered 
as aforesaid by said commissioners. 

Section 5. For the purpose of acquiring said 
lands as aforesaid, and for the preparation of 
said fire stops and for other work, incidental to 
the purposes hereinbefore set forth, and for in- 
vestigating and reporting upon the best methods 
and probable cost of protecting and increasing 
the colonies of birds on the island, the sum of two 
thousand dollars may be expended; and said 
commissioners may also expend in accordance 
with the provisions of this act such other sums 
as towns, associations or individuals may from 
time to time pay to the treasurer of the common- 
wealth for the said purposes. 



GAME LAWS. 123 



Acts of 1906, Chap. 304. 
Prohibits the sale of prairie chickens. 

Section 1. It shall be unlawful to buy, sell, 
or otherwise dispose of, or to have in possession, a 
prairie chicken, scientifically known as Tym- 
panuchus Americanus, and as Pedioecetes phasian- 
ellus, or any part thereof, whenever or wherever 
taken. 

Section 2. Whoever violates any provision 

of this act shall be punished by a fine of twenty 

dollars for each bird or part thereof, in respect 

to which the violation occurs, and possession 

shall be prima facie evidence that the person 

having possession has violated the provisions of 

this act. 

Acts of 1911, Chap. 343. 

Protection and importation of wild turkeys. 

Section 1. It shall be unlawful prior to the 
first day of September in the year nineteen hun- 
dred and fifteen to hunt, take or kill a wild tur- 
key scientifically known as meleagris gallopavo. 

Section 2. It shall be unlawful to import 
into or to liberate within this commonwealth 
any wild turkey which is infected with the disease 
termed coccidiosis, or enter ohepatitis, commonly 
known as "black head", or to import any living 
wild turkey except under a special written permit 
from the board of commissioners on fisheries and 
game. 

Section 3. Whoever violates any provision 
of this act shall be punished by a fine of twenty 
dollars. 

Acts of 1906, Chap. 274, as amended by Acts of 1911, 

Chap. 39. 

Relative to the protection of wood or summer duck. 1 
Section 1. It shall be unlawful, prior to the 
first day of September in the year nineteen hun- 
dred and sixteen, to hunt, capture, wound or kill 
a wood or summer duck. 

1 See Federal Regulations on migratory birds, page 109. 



124 GAME LAWS. 



Section 2. Whoever violates the provisions 
of this act shall be punished by a fine of not more 
than fifty dollars for each violation. The posses- 
sion of any wood duck or summer duck, or any 
part thereof, shall be prima facie evidence of a 
violation of the provisions of this act. 

Acts of 1909, Chap. 362. 
State reservations are refuges for birds and game. 

Section 1. No person shall hunt, pursue, 
take kill or in any manner molest or destroy any 
wild bird or game within the exterior boundaries 
of any state reservation, park, common or any 
land held in trust for public use, except that the 
authorities or persons having the control and 
charge of such reservations, parks, commons or 
other lands may in their discretion, and with 
such limitations as they may deem advisable, 
authorize persons to hunt, take or kill within 
said boundaries any wild birds or animals which 
are not now protected by law. Such authoriza- 
tions shall be by written license, and the license 
shall be revocable at the pleasure of the authori- 
ties or persons granting it. 

Section 2. The boards, officials and persons 
having charge of reservations, parks, commons 
and lands held for public use shall enforce the 
provisions of this act. 

Section 3. Every violation of any provision 
of this act shall be punished by a fine not exceed- 
ing twenty-five dollars. 

Acts of 1911, Chap. 410. 

Establishment of state bird and game preserves and 
the protection and propagation of wild birds and 
quadrupeds. 

Section 1. For the purpose of protecting any 
species of useful wild birds or quadrupeds and for 
aiding the propagation thereof the board of com- 
missioners on fisheries and game may acquire in 
fee by purchase, gift or devise, or may lease, or, 
with the consent of the owners, may control any 



GAME LAWS. 125 



land, water or shore or the right to use the same, 
including the right of the public in such land or 
on such water or shore, as a bird and game pre- 
serve. 

Section 2. For the purposes aforesaid the 
said commissioners, upon a petition filed with 
them by the mayor and aldermen of a city or the 
selectmen of a town, or by one or more owners 
of land, water or shore, if satisfied of the suitable 
character and situation of the same, may, with 
the consent of the owners, order a close season 
for one or more periods, not exceeding five years 
each, on all wild birds and quadrupeds within 
the area or any part thereof specified in the peti- 
tion. But before making any order under such 
petition, the commissioners shall give a public 
hearing upon the matter at some place in or near 
the territory under consideration, of which meet- 
ing and of their intention in the matter notice 
shall be given by publication once /a week for 
two successive weeks in one or more newspapers 
published in the county or counties embracing 
the territory, the last publication to be at least 
seven days prior to the time fixed for the hear- 
ing. 

Section 3. In respect to any territory ac- 
quired or controlled as above provided or any 
territory upon which a close season has been 
ordered as above provided, the said commis- 
sioners may make such use of the land, water or 
shore within the territory as they may deem best 
for the purpose of improving the feeding and 
nesting environment of birds or game, and may 
from time to time make such rules and regula- 
tions relating to such territory as may seem to 
them proper, and such rules and regulations 
when approved by the governor and council 
shall have the force of laws. The said commis- 
sioners are authorized to liberate birds within 
the limits of the said reservations, and, when in 
their opinion such action is advisable, to co- 
operate with land owners within such territory 



126 GAME LAWS. 



in experiments in the propagation of birds or 
quadrupeds. 

Section 4. The said commissioners may ap- 
point deputies to enforce the provisions of this 
act and any rules and regulations made here- 
under, and may authorize in writing any such 
deputy or the owner or occupant of any land 
within any such territory to hunt, pursue, trap, 
snare or kill within the said territory and under 
the direction of the said commissioners any 
quadrupeds or birds which they may consider 
harmful to birds and game or to agriculture, or to 
take or remove the nests or eggs of any such bird. 

Section 5. If an order is made by the com- 
missioners as aforesaid establishing a close sea- 
son or a preserve as above provided, the com- 
mission shall cause a copy of the order to be 
published once a week for two successive weeks in 
one or more newspapers published in the county 
or counties embracing the territory, and shall 
cause copies o i the order to be posted in con- 
spicuous places within the cities or towns in 
which the territory is situated, and also within 
the limits of the territory itself. If a great pond 
or any part thereof or any seashore is included 
within the territory as to which a close season is 
ordered as aforesaid, a copy of the order shall be 
filed in the office of the clerk of any city or town 
bordering upon the pond or seashore, and also 
in the office of the secretary of the common- 
wealth. An order made by the commission in 
accordance with the provisions hereof shall take 
effect, when it is posted as above provided. 
Any order made in accordance with the provi- 
sions hereof shall contain a full description of the 
territory so established, and the period for which 
it is closed, if any such period is adopted. 

Section 6. The commissioners may annually 
expend, in carrying out the provisions of this 
act, such sum as the general court may from 
year to year appropriate, which shall be paid out 
of the treasury of the commonwealth. 



GAME LAWS. 127 



Section 7. Whenever a territory has been 
established as a preserve or when a close season 
has been established upon a territory by an 
order as above provided, it shall be unlawful for 
any person, except as above provided, to molest, 
hunt, pursue, take or kill any bird or quadruped 
within the said territory, or therein to disturb 
or injure any nest, eggs or young or to remove 
the eggs or young from the nest. 

Section 8. The entrance of any person with 
a firearm or any device adapted for killing or 
injuring birds or quadrupeds or with a trap or 
snare upon any territory established as a pre- 
serve, or upon any territory upon which a close 
season has been established, according to the 
provisions of this act, shall be prima facie evi- 
dence of a violation of the provisions of this 
act. 

Section 9. Whoever violates any provision 
of this act or of any rule or regulation made here- 
under shall be punished by a fine of not more 
than one hundred dollars, or by imprisonment 
for not more than sixty days, or by both such 
fine and imprisonment. 

Acts of 1912, Chap. 567. 
To protect wild game and to encourage its propagation. 

Section 1. It shall be unlawful, except as 
hereinafter provided, to buy, sell, barter, ex- 
change, or in any manner deal in or trade with 
respect to, the dead or living bodies, or any part 
thereof, of wild birds or game quadrupeds, except 
hares and rabbits, protected by law in any part 
of the United States, whenever and wherever 
taken or killed. 

Section 2. Upon written application to the 
commissioners on fisheries and game, a license 
may be granted in their discretion, without 
charge, to any person to engage in the rearing 
within an enclosure of any wild birds or game 
quadrupeds, and to dispose of the same alive 
for purposes of propagation under such rules and 



128 GAME LAWS. 



regulations as may be made from time to time 
by the commissioners, which when approved by 
the governor and council shall have the force of 
laws. Such artificially propagated wild birds or 
game quadrupeds, if alive, may be bought, sold 
and had in possession at any season of the year 
for purposes of propagation. 

Section 3. Upon application in writing to 
said commissioners, a license, free of expense, 
may also be issued in their discretion to any 
person or corporation desiring to engage in the 
rearing for sale as food of any of the species 
known as cervidae (commonly known as deer or 
elk), pheasants, quail, European or gray part- 
ridge, wild geese, wild ducks of all species, and 
such other birds or quadrupeds as may from 
time to time appear to the commissioners to be 
expedient, upon such terms and conditions as 
said commissioners shall prescribe. To each 
carcass of each bird or quadruped, and to each 
quarter of those species known as cervidae, 
reared under the provisions of this section, shall 
be affixed a numbered tag, to be supplied by 
said commissioners at a cost of five cents each; 
and an accurate account of birds and quadrupeds 
so killed and tagged shall be kept by the licensee 
and submitted to the commissioners upon the 
first and fifteenth of each month during which the 
killing of such birds and quadrupeds is permitted, 
together with the names of any persons to whom 
they were sold or transported. Every package 
containing birds or quadrupeds killed under the 
provisions of this section shall be plainly labeled 
with the name of the licensee by whom such 
birds or quadrupeds were reared and killed, with 
the name of the consignee, and with a statement 
of the number and kind of birds or quadrupeds 
contained therein. All carcasses or parts thereof 
shall remain entire and unplucked until the time 
when such carcasses or parts thereof are pre- 
pared for consumption as food. The sale of any 
carcass, or part thereof, not having at the time 



GAME LAWS. 129 



affixed thereto the tag required by the provisions 
of this section, shall constitute a violation of 
this act. 

Section 4. Any person or corporation hold- 
ing a license under this act who shall be convicted 
of any violation of the fish and game laws, shall 
forfeit such license and shall be debarred from 
securing a new license for a period of one year 
from the date of conviction, in addition to being 
subject to the penalties hereinafter provided. 
And any person who has within one year been 
convicted of any violation of the game law shall 
be ineligible, and any corporation of which he is 
a member shall be ineligible, to hold any license 
under this act. 

Section 5. It shall be lawful for any person 
or corporation licensed according to the provi- 
sions of section six at any time to have in posses- 
sion and to sell the unplucked entire bodies of 
the following species of birds, imported from 
without the United States, namely, pheasants, 
mallard ducks, Scotch grouse, European black 
game, European black plover, red-legged part- 
ridge, and Egyptian or migratory quail. It shall 
be lawful" to buy, sell and have in possession at 
any time, deer, moose, caribou and elk, legally 
killed outside of this commonwealth and legally 
transported therein: provided, that there is at- 
tached to some part of the body of such deer, 
moose, caribou or elk, the game warden's tag 
allowing the same to be shipped from the state 
or country in which it was killed; and provided, 
further, that before each bird is sold in this com- 
monwealth, there shall be affixed to each carcass 
or body or part thereof, a numbered tag to be 
supplied at a cost of five cents each by the com- 
missioners on fisheries and game, said tag to be 
affixed to said body or carcass upon the entry of 
said body or carcass into the commonwealth and 
to remain upon said body or carcass while the 
same is within this commonwealth. 

Section 6. A dealer's license allowing the 



130 GAME LAWS. 



holder thereof to engage in the business of selling 
and offering for sale mid birds or game quadru- 
peds reared or imported according to the pro- 
visions of sections three, four and five of this act 
may be granted without cost by said commis- 
sioners to any person or corporation. 

Section 7. This act shall not apply to the 
sale of feathers and fur or prevent the taking of 
said birds and quadrupeds by incorporated 
natural history associations and museums, or by 
holders of certificates legally authorizing the 
collection of specimens for scientific purposes, or 
continued possession of such birds or parts 
thereof for scientific purposes by such associa- 
tions, museums, or by the holders of such cer- 
tificates. 

Section 8. Any and all licenses issued by 
said commissioners on fisheries and game may be 
revoked by said commissioners at any time. 

Section 9. All acts and parts of acts incon- 
sistent herewith are hereby repealed. 

Section 10. Whoever violates any provision 
of this act, or any rule or regulation made as 
aforesaid, or counterfeits or uses a second time 
any tags used as herein provided, shall be 
punished by a fine of not less than twenty dollars 
nor more than fifty dollars for each bird or 
quadruped, or part thereof, in respect to which 
the violation occurs, and for a second offence 
shall be punished by imprisonment for a term 
not exceeding three months. 

Section 11. This act shall take effect on the 
first day of January, nineteen hundred and 
thirteen. 

Acts of 1909, Chap. 421, as amended by Acts of 1912, 

Chap. 567. 

Protection of ducks, geese, brant and swans. i 

Section 1. It shall be unlawful to kill a swan 

at any time or to pursue, hunt, take or kill any 

other of the Anatidae, commonly known as wild 

1 See Federal Regulations as to migratory birds, page 109. 



GAME LAWS. 131 



geese, brant, ducks and teal between the thirty- 
first day of December and the fifteenth day of 
September following, or to buy, sell, offer for 
sale, or have in possession any swan or any other 
of the Anatidae, or any part of any one of said 
birds during the time when the taking or killing 
of them is prohibited by law, whenever or where- 
ever said birds may be taken or killed : provided, 
however, that any person, firm or corporation 
holding a written permit from the commissioners 
on fisheries and game may buy, sell, or have in 
possession any species of the Anatidae for pur- 
poses of propagation only ; and provided, further, 
that nothing in this act shall prevent the taking 
or possession of any of said birds by incorporated 
natural history associations and museums, or 
holders of certificates legally authorizing the 
collection of specimens for scientific purposes, 
or continued possession of such birds or parts 
thereof for scientific purposes by such museums, 
associations or holders of such certificates. 

Section 2. Any resident of the common- 
wealth may apply to the commissioners on fish- 
eries and game for a permit to bring into the 
commonwealth any of the above named species 
of birds, during the close season above provided, 
to a number not exceeding fifty birds in any one 
year, and the said commissioners may grant such 
permits upon such conditions and for such terms 
as they may deem expedient, and they may sus- 
pend or revoke a permit so granted. 

Section 3. All acts and parts of acts incon- 
sistent herewith, excepting chapter two hundred 
and seventy-four of the acts of the year nineteen 
hundred and six, which establishes a close season 
on the wood duck until the year nineteen hun- 
dred and eleven, are hereby repealed. 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine of not less 
than twenty dollars for each offence. 



132 GAME LAWS. 



Acts of 1911, Chap. 188. 

Limits the number of black ducks that may be taken 
in any one day. 

Section 1. It shall be unlawful for any per- 
son to take or kill more than fifteen black ducks 
in any one calendar day. 

Section 2. Whoever violates the provisions 
of this act shall be fined not less than twenty 
dollars for each bird in respect to which the viola- 
tion occurs. 

Acts of 1912, Chap. 523. 

Bag limit on gray squirrels, ruSed grouse, woodcock 
and quail. 

Section 1. It shall be unlawful for any 
person to take or kill more than five gray squirrels 
in any one day, or more than fifteen in any one 
year; more than three ruffed grouse in any one 
day, or more than fifteen in any one year; more 
than four woodcock or quail in any one day, or 
more than twenty in any one year. 

Section 2. Whoever violates any provision 
of this act shall be liable to a fine of twenty 
dollars for each squirrel and bird in respect to 
which the violation occurs. 



Acts of 1905, Chap. 273. 

Shooting wild ducks and geese in Dukes County. 

Section 1. It shall be unlawful in the county 
of Dukes County for any person to shoot or kill 
wild ducks or geese in any fresh water pond from 
a boat, raft or other device located at a greater 
distance than fifty yards from the shore. 

Section 2. Any person violating any pro- 
vision of this act shall be punished by a fine of 
not less than five nor more than two hundred and 
fifty dollars. 



GAME LAWS. 133 



Acts op 1908, Chap. 331. 

Pursuit and shooting of wild fowl in certain waters 
of the town of Edgartown. 

Section 1. No person shall, in or with any 
boat, hunt, chase or pursue any wild water-fowl 
in the inner harbor of Edgartown, including those 
parts known as Katama bay and Mattakessett 
bay, or in Cape Poge pond, so-called, in Edgar- 
town, or in that part of the outer harbor of Ed- 
gartown which lies southerly or easterly of a 
straight line drawn from Cape Poge lighthouse to 
and through and onward from the harbor light- 
house of Edgartown; and no person shall in or 
upon any of said waters shoot at any wild water- 
fowl from any boat unless said boat be lying at 
anchor or be stationed upon the shore or other 
land or upon or against the ice: provided, how- 
ever, that for the purpose of killing and securing 
any wild water-fowl just wounded by him or his 
companion, in lawful shooting, any person may 
pursue such wounded fowl with a boat, propelled 
by oar or oars only, to a distance not exceeding 
one hundred yards from the spot where the same 
was wounded, and may shoot the same from said 
boat within said distance. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine of not less 
than five nor more than fifty dollars. 

Acts op 1907, Chap. 264. 

Hunting wild ducks or geese on fresh-water ponds 
in the county of Dukes County. 

Section 1. It shall be unlawful in the county 
of Dukes County for any person to pursue, drive, 
hunt, injure, shoot or kill wild ducks or geese in 
any fresh water pond from a boat, raft or other 
floating device. 

Section 2. Any person violating any pro- 
vision of this act shall be punished by a fine of 
not less than five nor more than two hundred and 
fifty dollars for each offence. 

Section 3. Any acts or parts of acts incon- 
sistent herewith are hereby repealed. 



13 i GAME LAWS. 



Acts of 1906, Chap. 292, as amended by Acts of 1911, 

Chap. 234. 

Live decoys prohibited for hunting water fowl in the 
county of Nantucket. 

Section 1. It shall be unlawful to use live 
decoys for the hunting, taking or killing of water 
fowl of any kind in the county of Nantucket. 
The possession of live decoys shall be deemed 
prima facie evidence of an intent to use the same 
for the hunting, taking or killing of water fowl in 
violation of the provisions of this section. 

Section 2. Whoever violates any provision 
of this act shall be punished by a fine of not less 
than twenty nor more than fifty dollars for each 
offence. 

Acts of 1910, Chap. 472. 

Protecting upland plover, wild pigeons, gulls and 
terns. l 

Section 1. Whoever takes or kills a Bar- 
tramian sandpiper, also called upland plover, 
before the fifteenth day of July in the year nine- 
teen hundred and fifteen, a wild or passenger 
pigeon, a Carolina or mourning dove, a gull or 
tern at any time, shall be punished by a fine of 
ten dollars for every bird so taken or killed. 

Section 2. Section five of chapter ninety- 
two of the Revised Laws as amended by chapter 
one hundred and sixty-two of the acts of the year 
nineteen hundred and three, and by chapter four 
hundred and fourteen of the acts of the year nine- 
teen hundred and five, and so much of section 
three of chapter five hundred and eight of the 
acts of the year nineteen hundred and nine as 
relates to the Bartramian sandpiper, also called 
upland plover, are hereby repealed. 

Section 3. This act shall take effect on the 
fifteenth day of July in the year nineteen hundred 
and ten. 

1 See Federal Regulations as to migratory birds, page 109. 



GAME LAWS. 135 



Acts of 1903, Chap. 244. 
Protection of certain marsh birds. 

Section 1. Whoever takes or kills any heron 
or bittern, or has in possession any such bird or 
part thereof, whenever or wherever taken, shall 
be punished by a fine not exceeding ten dollars 
for every bird so taken or killed, or bird or part 
of a bird so had in possession. 

Section 2. Nothing in this act shall prevent 
the owner or keeper of any trout pond or trout 
hatchery from killing any heron or bittern en- 
gaged in the act of destroying fish; nor shall 
anything herein contained prevent the taking or 
possession of said birds by natural history asso- 
ciations, museums, or holders of certificates 
authorizing the collection of specimens for scien- 
tific purposes. 

Acts of 1909, Chap. 508. 
Protection of shore, marsh and beach birds. 1 

Section 1. It shall be unlawful to take, 
kill or pursue with intent to kill, or to buy, sell, 
offer for sale, or have in possession any of the 
Limicolse, known as peeps, plover, snipe or sand- 
pipers or any of the Rallidse known as rails, galli- 
nules and quarks or mud hens, all of which birds 
are known collectively as shore, marsh or beach 
birds, between the thirty-first day of December 
and the first day of August following, or a piping 
plover or a kildeer plover at any time: provided, 
however, that this act shall not be construed to 
prohibit the possession in public storage ware- 
houses of any of the said birds deposited therein 
during the season when the same may lawfully 
be taken; and provided, further, that nothing in 
this act shall prohibit the taking or possession of 
the said birds by incorporated natural history 
associations or museums or by holders of cer- 

1 See Federal Regulations as to migratory birds, page 109. 



136 GAME LAWS. 



tificates lawfully authorizing the collection of 
specimens for scientific purposes. 

Section 2. The commissioners on fisheries 
and game may, in their discretion, and under 
such restrictions as they may impose, permit any 
person to bring into the commonwealth any of 
the aforesaid birds to a number not exceeding 
fifty in any one year, during the close season: 
provided, that such birds shall not be sold or 
otherwise disposed of for profit. 

Section 3. All acts and parts of acts incon- 
sistent with the provisions of this act are hereby 
repealed, except that part of section five of 
chapter ninety-two of the Revised Laws, as 
amended by chapter one hundred and sixty-two 
of the acts of the year nineteen hundred and 
three and bj' chapter four hundred and fourteen 
of the acts of the year nineteen hundred and five, 
relative to the Bartramian sandpiper, also called 
upland plover, and that part of section one of 
chapter four hundred and forty-one of the acts of 
the year nineteen hundred and eight relative to 
the protection of woodcock. 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine of not less 
tfcfan twenty dollars for each offence. 

Sect. 7, Chap. 92, R. L., as amended by Acts of 1903, 
Chap. 287, and further amended by Acts of 1907, 
Chap. 250. 

Relative to certain birds of prey. 

Section 1. Whoever takes or kills a wild or 
undomesticated bird not named in sections two, 
three, four and five, except English sparrows, 
crow blackbirds, crows, jays, the following named 
birds of prey, — sharp-shinned hawk, cooper's 
hawk, goshawk, red-tailed hawk, red-shouldered 
hawk, duck hawk, pigeon hawk, barred owl, 
great horned owl and snowy owl, — wild geese 
and fresh water and sea fowl not named in said 
sections, or wilfully destroys, disturbs or takes 
a nest or eggs of any wild or undomesticated 



GAME LAWS. 137 



birds, except such as are not protected by the 
provisions of this section, shall be punished by 
a fine of ten dollars for each bird taken or killed 
or each nest or egg destroyed, disturbed or 
taken contrary to the provisions of this section; 
but a person over twenty-one years of age, who 
has a certificate from the commissioners on 
fisheries and game or from the president of the 
Boston Society of Natural History that he is 
engaged in the scientific study of ornithology or 
is collecting in the interest of a scientific in- 
stitution, may at any season take or kill or take 
the nests and eggs of an undomesticated bird, 
except woodcock, ruffed grouse and quail; but 
the provisions of this section shall not authorize 
a person to enter upon private grounds without 
the consent of the owner thereof for the purpose 
of taking nests or eggs or killing birds. Said 
commissioners or the president of said society 
may at any time revoke such certificate. 

Section 2. Section one of chapter one hun- 
dred and twenty-seven of the acts of the year 
nineteen hundred and two is hereby amended by 
striking out the words "birds of prey," in the 
fifth line, and inserting in place thereof the words : 
*— the following named birds of prey, — sharp- 
shinned hawk, cooper's hawk, goshawk, red- 
tailed hawk, red-shouldered hawk, duck hawk, 
pigeon hawk, barred owl, great horned owl and 
snowy owl, — so as to read as follows: — Sec- 
tion 1. Whoever captures or has in possession 
a wild or undomesticated bird not named in 
sections two, three, four or five of chapter ninety- 
two of the Revised Laws, except English spar- 
rows, crow blackbirds, crows, jays, the following 
named birds of prey, — sharp-shinned hawk, 
cooper's hawk, goshawk, red-tailed hawk, red- 
shouldered hawk, duck hawk, pigeon hawk, 
barred owl, great horned owl and snowy owl, — 
wild geese and fresh water and sea fowl not 
named in said sections, and birds which are not 
found wild within the commonwealth of Massa- 



138 GAME LAWS. 



chusetts, shall be punished by a fine of ten dol- 
lars, but this act shall not apply to birds held in 
captivity before this act takes effect. 

Sect. 8, Chap. 92, R. L., as amended by Acts of 1903, 

Chap. 329. 

Bodies or feathers of certain birds. 

Section 1. Whoever has in possession the 
body or feathers of a bird, the taking or killing 
of which is prohibited by the provisions of the 
preceding section or of section five of this chapter 
whether taken in this commonwealth or else- 
where, or wears such feathers for the purpose of 
dress or ornament, shall be punished by a fine of 
ten dollars; but the provisions of this section 
shall not prohibit the taking or killing of such 
birds by the holders of certificates provided for 
in the preceding section, nor shall they apply to 
natural history associations or to the proprietors 
of museums, or other collections for scientific 
purposes, or to non-residents of the common- 
wealth passing through it or temporarily dwell- 
ing therein. 

Acts of 1911, Chap. 198. 

Protection of homing pigeons. 

Section 1. It shall be unlawful for any per- 
son, not being the rightful owner, to catch, de- 
tain, shoot or kill, injure, or in any way interfere 
with a homing or carrier pigeon, or to remove 
any identification mark, band or other thing 
from such a pigeon. 

Section 2. Whoever violates any provision 

of this act shall be punished by a fine of not less 

than twenty-five nor more than fifty dollars for 

each pigeon in respect to which the violation 

occurs. 

Acts of 1907, Chap. 161. 

Special game laws in Bristol county made uniform 
with the general laws. 

Chapter three hundred and sixty-six of the 
acts of the year nineteen hundred and four is 
hereby repealed. 



GAME LAWS. 139 



Acts of 1911, Chap. 172, as amended by Acts of 1913, 

Chap. 270. 
Gray squirrels. 

Section 1. It shall be unlawful except only 
between the twelfth day of October and the 
twelfth day of November of each year, both 
days inclusive, to hunt, take or kill a gray squir- 
rel, or to sell, or offer for sale, or to have in pos- 
session for the purpose of sale, a gray squirrel, 
wherever taken or killed, or to take or kill at any 
time a gray squirrel by means of a trap, net or 
snare, or for the purpose of killing a gray squirrel 
to construct or set a trap, snare or net. 

Section 2. This act shall not apply to the 
owner or occupant of any dwelling house or 
other building who shall find any gray squirrel 
doing an actual and substantial damage to the 
same, or to any fruit tree, grain or other growing 
cultivated crop. 

Section 3. Chapter five hundred and sixty- 
four of the acts of the year nineteen hundred and 
ten is hereby repealed. 

Section 4. Whoever violates any provision 
of this act shall forfeit not less than ten nor 
more than twenty-five dollars for each offence. 



Acts of 1911, Chap. 118, as amended by Acts of 1914, 

Chap. 120. 
Hares and rabbits. 

Section 1. It shall be unlawful to hunt, 
take or kill a hare or rabbit between the first day 
of March and the eleventh day of October, both 
inclusive, or to buy or sell or offer for sale a 
hare or rabbit taken or killed during the said 
period in this commonwealth, or taken or killed 
at any time contrary to the laws of any other 
state or country. But any person may buy or 
sell hares or rabbits at any time: provided, that 
they were not taken or killed contrary to the 
laws of this commonwealth or of any other state 
or country. 

Section 2. It shall be unlawful at any time 



140 GAME LAWS. 



to remove or attempt to remove a hare or rabbit 
from any hole in the ground or from any stone 
wall or from under any ledge or stone or log or 
tree, and it shall be unlawful to take or kill a 
hare or rabbit by a trap, snare or net, or for that 
purpose to construct or set a trap, snare or net, 
or to use a ferret. The possession of a ferret in 
a place where hares or rabbits might be taken or 
killed shall be prima facie evidence that the per- 
son having the ferret in possession has used it 
for taking and killing hares or rabbits contrary 
to law. Ferrets used in violation hereof shall be 
confiscated. 

Section 3. This act shall not be construed 
to prohibit farmers and fruit growers from trap- 
ping rabbits in box traps at any time during the 
year: provided, first, that such trapping is done 
on land owned or leased by the person setting 
the trap and used for the raising of fruit, vege- 
tables or other products by the person so trap- 
ping ; secondly, that the person so trapping shall 
first have made an affidavit before a justice of the 
peace that hares or rabbits have injured fruit, 
vegetables or other products on his said premises 
and shall have forwarded the affidavit so made 
to the commissioners on fisheries and game; and 
thirdly, that the said commissioners have issued 
to him a permit so to trap. It shall be unlawful 
to barter or sell hares or rabbits trapped in accor- 
dance with the provisions of this section. 

Section 4. Chapter four hundred and sixty- 
six of the acts of the year nineteen hundred and 
nine and section two of chapter five hundred and 
thirty-three of the acts of the year nineteen 
hundred and ten are hereby repealed. 

Section 5. Whoever violates any provision 
of this act shall be punished by a fine not exceed- 
ing ten dollars for each offence. 



GAME LAWS. 141 



Acts op 1910, Chap. 533, as amended by Acts of 1911, 

Chap. 101. 

Use of traps, snares, torches, swivel guns, power 
boats, etc., illegal. 

Section 1. It shall be unlawful to take or 
kill a game bird or water fowl by means of a 
trap, net or snare, or for the purpose of killing 
a game bird or water fowl to construct or set a 
trap, net or snare, or to pursue, shoot at or kill 
any wild fowl, or any of the so-called shore, 
marsh or beach birds, with a swivel or pivot gun, 
or by the use of a torch, jack or artificial light, 
or by the aid or use of any boat or floating de- 
vice propelled by steam, naphtha, gasolene, elec- 
tricity, compressed air, or any similar motive 
power, or by any mechanical means other than 
sails, oars or paddles. But the provisions of 
this chapter shall not apply to persons shooting 
at, or killing said birds from such boats or float- 
ing devices if the same are at anchor. 

Section 2. [Chapter 533, Acts of 1910, re- 
pealed by chapter 118, Acts of 1911.] 

Section 3. The provisions of the preceding 
section shall not apply to the trapping, other 
than by snare, of hares and rabbits upon his land 
by an owner of land, or by a member of his family 
if authorized by him, between the fifteenth day 
of October and the first day of December. 

Section 4. Whoever violates any provision 
of this act shall be punished by a fine not ex- 
ceeding twenty-five dollars for each offence. 

Section 5. Section twelve of chapter ninety- 
two of the Revised Laws, as amended by chapter 
two hundred and seventy-eight of the acts of the 
year nineteen hundred and six, and section eleven 
of said chapter ninety-two, as amended by 
chapter two hundred and forty-one of the acts 
of the year nineteen hundred and six, and by 
chapter three hundred and twenty-eight of the 
acts of the year nineteen hundred and nine are 
hereby repealed. 



142 GAME LAWS. 



Acts of 1913, Chap. 626. 

To prohibit the poisoning and snaring- of wild animals 
and regulate the use of traps. 

Section 1. Whoever shall place or distribute 
poison in any form whatsoever; for the purpose 
of killing any animal, or shall construct, erect, 
set, repair or tend any wire snare for the pur- 
pose of catching or killing any animal, shall be 
punished by a fine of not exceeding one hundred 
dollars: provided, that nothing in this section 
shall be construed to prohibit any person from 
placing in or near his house, barns or fields 
poison intended to destroy rats, woodchucks 
or other pests of a like nature or insects of any 
kind. 

Section 2. Any person who shall set, place, 
maintain or tend a steel trap with a spread of 
more than six inches or a steel trap with teeth 
jaws, or a "stop-thief" or choke trap with an 
opening of more than six inches shall be punished 
by a fine of not exceeding one hundred dollars. 

Section 3. Any person who shall set, main- 
tain or tend a steel trap on enclosed land of 
another without the consent in writing of the 
owner thereof, and any person who shall fail to 
visit at least once in twenty-four hours a trap 
set or maintained by him shall be punished by a 
fine of not exceeding twenty dollars. 

Acts of 1911, Chap. 215. 

Trapping with scented bait forbidden. 

Every person who shall set, place or locate a 
trap or snare of any kind with scent, so-called, or 
scented bait upon or near the premises of another, 
without the consent of the owner and occupant 
of said premises, shall, upon conviction, be pun- 
ished for each offence by a fine of not more than 
fifty dollars or by imprisonment for not more 
than thirty days, or by both such fine and im- 
prisonment. 



GAME LAWS. 143 



Shooting, Plymouth bay. 

Section 13. Whoever in Plymouth harbor 
or bay, so-called, including the waters adjacent 
to the towns of Plymouth, Kingston and Dux- 
bury, shoots at, kills or pursues a black duck, 
goose, brant or other aquatic bird by the use of 
a sneak boat, raft, floating box or similar device, 
not an ordinary dory or rowboat, or by the use 
of a pivot gun or swivel gun or any other firearm 
not usually held and discharged from the shoulder 
shall be punished by a fine of not less than ten nor 
more than fifty dollars. 

Trespass. 

Section 14. Whoever, for the purpose of 
shooting or trapping, enters upon land without 
permission of the owner thereof, after such owner 
has conspicuously posted thereon notice that 
shooting or trapping thereon is prohibited, shall 
be punished by a fine of not more than twenty 
dollars. 

Ownership of game. 

Section 15. Game artificially propagated and 
maintained upon land, upon which notice has 
been posted as provided in the preceding section, 
shall be the exclusive property of the person 
propagating and maintaining it, but if he sells 
such game for food at seasons when its capture 
is prohibited by law, he shall be punished by a 
fine of not more than twenty dollars. 

Acts of 1914, Chap. 401. 
Killing of pheasants. 

Section 1. The board of commissioners on 
fisheries and game may declare an open season 
on pheasants in any county of the common- 
wealth, in which such open season seems ad- 
visable, and may make such rules and regulations 
relating to bag limit, time and length of open 
season and varieties to be taken and all other 
matters connected with such open season as the 



144 GAME LAWS. 



said board may from time to time deem necessary 
or expedient. 

Section 2. A person may capture, pursue, 
wound or kill, upon land owned or occupied bj' 
him, a pheasant which he finds in the act of 
doing damage to any crop on cultivated land; 
and he may authorize a member of his family or 
person permanently employed by him on such 
land to capture, pursue, wound or kill a pheasant 
under the circumstances above specified. The 
person by whom or under whose direction a 
pheasant is so captured, wounded or killed 
shall within twenty-four hours report the facts 
in writing to the said board, stating the time, 
place and the number of pheasants so captured, 
wounded or killed. 

Section 3. Whoever violates any provision 
of this act or any rule or regulation made under 
authority hereof shall be punished by a fine 
not exceeding fifty dollars for each bird or part 
thereof in respect to which the violation occurs. 

Section 4. All acts and parts of acts in- 
consistent herewith are hereby repealed. 

Note. — The 1915 open season on pheasants 
is from October 12 to November 12, inclusive, 
in counties of Barnstable, Norfolk, Middlesex, 
Essex, Worcester, Hampden and Berkshire; 
Limit, 2 in one day, 6 in one season; killing to 
be reported in writing to commission within 
twenty-four hours, stating day, town, number 
and sex killed. 

Acts of 1910, Chap. 545, as amended by Acts of 1912, 
Chap. 388; Acts of 1913, Chap. 529, and Acts of 1914, 
Chap. 453. 

The taking or killing of deer. 

Section 1. It shall be unlawful, except as 
hereinafter provided, to hunt, pursue, wound 
or kill a deer, or to sell or offer for sale, or to 
have in possession for the purpose of sale, a 
deer or the flesh of a deer captured or killed in 
this commonwealth: provided, that this act shall 



GAME LAWS. 145 



not apply to a tame deer belonging to any 
person and kept on his own premises; and 
provided, further, that any farmer or other person 
may, on land owned or occupied by him, or, with 
the consent of the owner, upon land adjacent 
thereto pursue, wound or kill any deer which 
he has reasonable cause to believe has damaged 
or is about to damage crops, fruit or ornamental 
trees, except grass growing on uncultivated 
land; and he may authorize any member of 
his family, or any person employed by him so 
to pursue, wound or kill a deer under the cir- 
cumstances above specified. In the event of 
the wounding or killing of a deer as aforesaid, 
it shall be the duty of the person by whom or 
under whose direction the deer was wounded or 
killed to mail or otherwise transmit within 
twenty-four hours thereafter to the commis- 
sioners on fisheries and game a report in writing 
signed by him of the facts relative to the said 
wounding or killing. The said report shall state 
the time and place of the wounding or killing, 
and the kind of tree or crop injured or destroyed, 
or about to be injured or destroyed, by the 
deer. It- shall be unlawful to sell or offer for 
sale the whole or any part of a deer killed under 
the aforesaid provision. 

Section 2. Any person who is duly au- 
thorized or licensed to hunt in this common- 
wealth according to the provisions of law, may, 
between sunrise of the third Monday of No- 
vember and sunset of the following Saturday, 
hunt, pursue, take or kill by the use of a shot- 
gun, a wild deer, subject to the following re- 
strictions and provisions: — No person shall 
kill more than one deer under the provisions of 
this section or have in possession more than one 
deer killed under the provisions of this section. 
No deer shall be hunted, taken or killed on land 
posted in accordance with the provisions of 
section fourteen of chapter ninety-two of the 
Revised Laws, or on land under the control of 



146 GAME LAWS. 



the metropolitan park commission or of the 
metropolitan water and sewerage board, or in 
violation of any city ordinance or town by-law, 
or in any state reservation, or by any method 
prohibited by law. It shall be unlawful to make, 
set or use any trap, salt lick or other device for 
the purpose of ensnaring, enticing, taking, 
injuring or killing a deer. Whoever wounds or 
kills a deer under the provisions of this section 
shall make a report in writing, signed by him, 
and mailed or otherwise transmitted within 
twenty-four hours of such wounding or killing, 
to the commissioners on fisheries and game, 
stating the facts relative to the wounding or 
killing. 

Section 3. Nothing in this act shall be 
construed as affecting the provisions of section 
eighteen of chapter ninety-two of the Revised 
Laws, as amended by chapter two hundred and 
forty-five of the acts of the year nineteen hun- 
dred and five. 

Section 4. Section seventeen of chapter 
ninety-two of the Revised Laws, as amended by 
chapter three hundred and seven of the acts of 
the year nineteen hundred and seven, and by 
chapter three hundred and seventy-seven of the 
acts of the year nineteen hundred and eight, and 
by chapter three hundred and ninety-six of the 
acts of the year nineteen hundred and nine is 
hereby repealed; chapter five hundred and forty- 
five of the acts of the year nineteen hundred and 
ten and chapter three hundred and eighty-eight 
of the acts of the year nineteen hundred and 
twelve are also hereby repealed; but the said 
repeals shall not affect any suit or other pro- 
ceeding now pending. 

This act was amended by Acts of 1913, chap. 
744, providing for the insertion, after section 4, 
of the following: The provisions of this act au- 
thorizing the killing of deer under the cir urn- 
stances and at the times specified above shall not 
apply to moose; and it shall be unlawful in this 



GAME LAWS. 147 



commonwealth to hunt, pursue, take, wound or 
kill a moose at any time, or to sell, offer for sale, 
or to have in possession the flesh of a moose 
captured or killed in this commonwealth. 

Section 5. Any violation of any provision 
of this act shall be punished by a fine not ex- 
ceeding one hundred dollars for each offence. 

Revised Laws, Chap. 92, Sect. IS, as amended by Acts 
of 1902, Chap. 154; Acts of 1905, Chap. 245; and Acts 
of 1913, Chap. 552. 

Protection of deer from dogs. 

Section 18. Any of the commissioners on 
fisheries and game, or their deputies, or any 
member of the district police, or any officer 
qualified to serve criminal process, may kill a 
dog found chasing or hunting deer at any time 
if the dog is used for such purpose with the 
knowledge and consent of his owner or keeper, 
and the owner or keeper of the dog shall be 
punished by a fine of fifty dollars. If a dog has 
twice been found chasing or hunting deer, and 
if the owner or keeper of the dog has so been 
notified on each occasion by the commissioners 
on fisheries and game, it shall be a presumption 
of law, if the same dog is thereafter found 
chasing or hunting deer, that such chasing or 
hunting was with the knowledge and consent 
of the said owner or keeper, unless the contrary 
is shown by evidence. 

Acts of 1913, Chap. 542. 

Prohibiting the hunting of birds or quadrupeds with 
rifles, revolvers or pistols during the open season 
for deer. 

Section 1. During the open season for deer 
it shall be unlawful to hunt, wound or kill a bird 
or quadruped with a rifle, revolver or pistol, or 
in pursuit of birds or quadrupeds to have in 
possession in any wood or field, or on any high- 
way, a rifle, revolver or pistol. 

Section 2. Nothing in this act shall be con- 
strued to authorize the hunting of buds or 



148 GAME LAWS. 



quadrupeds with rifle, revolver or pistol during 
any season of the year in which such hunting is 
now prohibited by existing laws. 

Acts of 1903, Chap. 407, as amended by Acts of 1912, 

Chap. 438. 

Recovery for damages caused by wild deer. 

Whoever suffers loss by the eating, browsing 
or trampling of his fruit or ornamental trees, 
vegetables, produce or crops by wild deer may, 
if the damage is done in a city, inform the officer 
of police of said city who shall be designated to 
receive such information by the mayor, and if 
the damage is done in a town, may inform the 
chairman of the selectmen of the town wherein 
the damage was done, who shall proceed to the 
premises where the damage was done and de- 
termine whether the same was inflicted by deer, 
and if so, appraise the amount thereof if it does 
not exceed twenty dollars. If, in the opinion of 
said officer of police or chairman, the amount of 
said damage exceeds twenty dollars, he shall 
appoint two disinterested persons, who, with 
himself, shall appraise under oath the amount 
thereof. The said officer of police or chairman 
shall return a certificate of the damages found, 
except in the county of Suffolk, to the treasurer 
of the county in which the damage is done, 
within ten days after such appraisal is made. 
The treasurer shall thereupon submit the same 
to the county commissioners, who, within thirty 
days, shall examine all such bills, and if any 
doubt exists, may summon the appraisers and 
all parties interested and make such examination 
as they may think proper, and he shall transmit 
such bills, properly approved, to the auditor of 
accounts, and they, including the cost of ap- 
praisal, shall be paid out of the treasury of the 
commonwealth in the same manner as other 
claims against the commonwealth. In the 
county of Suffolk the certificate of damages shall 
be returned to the treasurer of the city or town 



GAME LAWS. 149 



in which the damage is done, who shall exercise 
and perform the rights and duties hereby con- 
ferred and imposed upon the county commis- 
sioners in other counties. The appraisers shall 
receive from the commonwealth one dollar each 
for every such examination made by them, and 
shall receive twenty cents a mile, one way, for 
their necessary travel. 

Revised Laws, Chap. 92. 
Authority of commissioners. 

Section 19. The authority of the commis- 
sioners on fisheries and game and of their deputies 
shall extend to the propagation, protection and 
preservation of birds and animals in like manner 
as to fish. 

as amended by acts of 1905, chap. 445, and by acts op 

1907. Chap. 300. 
Disposal of fines. 

Section 20. [Repealed March 31, 1908; com- 
pare Acts of 1908, chapter 330, p. 107.] 

Game not to be transported out of state. 

Section 21. Whoever at any time takes or 
sends or causes to be taken or transported beyond 
the limits of the commonwealth a woodcock, 
quail or ruffed grouse, which has been taken or 
killed within the commonwealth, or has in pos- 
session such bird or birds with intent to take or 
cause the same to be taken out of the common- 
wealth, shall be punished by a fine of ten dollars 
for every bird so had in possession or taken or 
caused to be taken or sent beyond the limits of 
the commonwealth as aforesaid. 

Acts of 1902, Chap. 236. 

Section 1. Whoever, except as provided in 
section twenty-one of chapter ninety-two of the 
Revised Laws, takes or sends or causes to be 
taken or sent out of the commonwealth any bird 
or animal protected by the provisions of said 



150 GAME LAWS. 



chapter which has illegally been taken or killed 
within the commonwealth; and whoever has in 
possession any such bird or animal with intent 
to take or send the same or to cause the same to 
be taken or sent out of the commonwealth, shall 
be punished by a fine of twenty dollars for every 
bird or animal so had in possession or taken or 
sent beyond the limits of the commonwealth. 

Section 2. Section twenty-two of chapter 
ninety-two of the Revised Laws is hereby re- 
pealed. 

Revised Laws, Chap. 92. 

Introduction of foxe3 or raccoons into Dukes County 
prohibited. 

Section 23. Whoever knowingly introduces 
into the county of Dukes County and liberates 
therein a fox or raccoon shall be punished for 
each offence by a fine of not less than twenty-five 
nor more than fifty dollars or by imprisonment 
for not more than thirty days, or by both such 
fine and imprisonment. The county commis- 
sioners of said county may offer a reward for the 
destruction of hawks, foxes and raccoons, and 
authorize the payment thereof by the county 
upon proper proof of such destruction. 

English sparrows to be killed. 

Section 24. The officers having charge of 
public buildings in cities and such officers as the 
selectmen designate and appoint in towns shall 
take and enforce such reasonable means and use 
such appliances, except poison, as in their judg- 
ment will effectively exterminate the English 
sparrow in such city or town. Whoever wilfully 
resists such officers while engaged in such duties 
or knowingly interferes with the means used by 
them for such purpose so as to render them 
less effective shall be punished by a fine of not 
more than twenty-five dollars for each offence. 
The provisions of this section shall not authorize 
an officer to enter on private property without 
the consent of the owner or occupant thereof. 



GAME LAWS. 151 



Acts of 1903, Chap. 344. 

A bounty for killing a wild cat, Canada lynx or loup- 
cervier. 

Section 1. Whoever in any town kills a wild 
cat, Canada lynx or loupcervier not being in 
captivity shall, upon producing satisfactory evi- 
dence of such killing, be entitled to receive from 
the treasurer of the town the sura of five dollars; 
and all sums so paid out shall be repaid to the 
town treasurer by the treasurer of the county 
in which the town is situated: provided, that a 
sworn statement thereof shall be transmitted 
by the town treasurer to the county treasurer. 



152 CLOSED PONDS. 



CLO SED PONDS. 



The following ponds have been stocked in 
accordance with chapter 285, Acts of 1911, and 
closed to all fishing from November 1 to May 
30, inclusive: — 



Regulations in Force until Nov. 1, 1916. 
Wickett in Wendell. 
Mossy in Clinton. 
Scaddings in Taunton. 
Attitash in Amesbury. 
Anascomet in Hubbardston. 

Regulations in Force until 1917. 

Forge in Westford and Littleton, closed De- 
cember 1 to May 30, inclusive. Regulations 
expire Dec. 1, 1917. 

Massapoag in Sharon, closed December 1 to 
May 30, inclusive. Regulations expire Dec. 1, 
1917. 

Winnecunnett in Norton, closed December 1 
to May 30, inclusive. Regulations expire Dec. 
1, 1917. 

Congamond in Southwick, closed December 1 
to May 1, inclusive. Regulations expire Dec. 1,. 
1917. 



CLOSED PONDS. 153 



Ell in Melrose, closed November 1 to May 
30, inclusive. Regulations expire Nov. 1, 1917. 

Quinsigamond in Worcester and Shrewsbury. 
That portion of the lake southerly of Lincoln 
Street and northerly of the Stringer Dam, so 
called, is closed October 1 to March 31, inclusive, 
each year. Regulations expire Sept. 30, 1917. 
See page 44. 



151 



DEPUTY COMMISSIONERS. 



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DEPUTY COMMISSIONERS. 155 



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156 DISTRICTS, CITIES AND TOWNS. 



CITIES AND TOWNS ALPHABETICALLY AR- 
RANGED, WITH THE NUMBER OF THE DIS- 
TRICT IN WHICH EACH IS INCLUDED. 



8 Abington. 
15 Acton. 

4 Acushnet. 

26 Adams. 
22 Agawam. 
28 Alford. 

13 Amesbury. 

22 Amherst. 
13 Andover. 
11 Arlington. 

18 Ashburnham. 

18 Ashbv. 
25 Ashfield. 

10 Ashland. 

19 Athol. 

5 Attleborough. 
17 Auburn. 

7 Avon. 

15 Ayer. 

3 Barnstable. 

20 Barre. 

27 Becket. 
13 Bedford. 

20 Belchertown. 

9 Bellingham. 

11 Belmont. 
5 Berkley. 

10 Berlin. 

25 Bernardston. 

12 Beverly. 

13 Billerica. 

16 Blaekstone. 

23 Blandford. 
15 Bolton. 

11 Boston. 



3 Bourne. 
15 Boxborough. 
13 Boxford. 
17 Boylston. 

8 Braintree. 
3 Brewster. 

7 Bridgewater. 
21 Brimfield. 

7 Brockton. 
17 Brookfield. 
11 Brookline. 

25 Buckland. 
13 Burlington. 
11 Cambridge. 

9 Canton. 
15 Carlisle. 

6 Carver. 

26 Charlemont. 

21 Charlton. 
3 Chatham. 

15 Chelmsford. 
11 Chelsea. 
26 Cheshire. 

23 Chester. 

24 Chesterfield. 

22 Chicopee. 
2 Chilmark. 

26 Clarksburg. 
17 Clinton. 

8 Cohasset. 

25 Colrain. 
15 Concord. 
25 Conway. 

24 Cummington. 

27 Dalton. 



DISTRICTS, CITIES AND TOWNS. 157 



20 Dana. 

14 Dan vers. 

4 Dartmouth. 

11 Dedham. 

25 Deerfield. 
3 Dennis. 

5 Dighton. 
16 Douglas. 

10 Dover. 
13 Dracut. 

21 Dudley. 

15 Dunstable. 
7 Duxbury. 

7 East Bridgewater. 

22 East Longmeadow. 

3 Eastham. 

24 Easthampton. 
7 Easton. 

2 Edgartown. 
28 Egremont. 
20 Enfield. 
19 Erving. 

12 Essex. 

11 Everett. 

4 Fairhaven. 

5 Fall River. 
2 Falmouth. 

18 Fitchburg. 

26 Florida. 

9 Foxborough. 
10 Framingham. 
9 Franklin. 
4 Freetown. 

19 Gardner. 

2 Gay Head. 

12 Georgetown. 

25 Gill. 

12 Gloucester. 
24 Goshen. 
2 Gosnold. 

16 Grafton. 
22 Granby. 



23 Granville. 

28 Great Barrington. 

25 Greenfield. 
20 Greenwich. 
15 Groton. 

13 Groveland. 
22 Hadley. 

7 Halifax. 

12 Hamilton. 
22 Hampden. 
27 Hancock. 

8 Hanover. 

7 Hanson. 

20 Hardwick. 

15 Harvard. 
3 Harwich. 

24 Hatfield. 

13 Haverhill. 

26 Hawley. 

26 Heath. 

8 Hingham. 

27 Hinsdale. 
8 Holbrook. 

17 Holden. 

21 Holland. 
10 Holliston. 

22 Holyoke. 

16 Hopedale. 
10 Hopkinton. 
19 Hubbardston. 

10 Hudson. 
8 Hull. 

23 Huntington. 

11 Hyde Park. 

12 Ipswich. 
7 Kingston. 
6 Lakeville. 

18 Lancaster. 

27 Lanesborough. 

13 Lawrence. 

28 Lee. 

17 Leicester. 



158 DISTRICTS, CITIES AND TOWNS. 



28 Lenox. 

18 Leominster. 

25 Leverett. 

14 Lexington. 

25 Leyden. 
10 Lincoln. 

15 Littleton. 

22 Longmeadow. 

13 Lowell. 

22 Ludlow. 

18 Lunenburg. 

14 Lynn. 

14 Lynnfield. 
14 Maiden. 

12 Manchester. 
9 Mansfield. 

14 Marblehead. 
4 Marion. 

10 Marlborough. 

8 Marshfield. 

3 Mashpee. 

4 Mattapoisett. 

15 Maynard. 

9 Medfield. 
14 Medford. 

9 Medway. 
14 Melrose. 

16 Mendon. 

13 Merrimac. 

13 Methuen. 

6 Middleborough. 

23 Middlefield. 

14 Middleton. 

10 Milford. 
16 Millbury. 

9 Millis. 

11 Milton. 

26 Monroe. 
21 Monson. 
25 Montague. 
28 Monterey. 
23 Montgomery. 



28 Mount Washington. 
14 Nahant. 

1 Nantucket. 

10 Natick. 

11 Needham. 

26 New Ashford. 

4 New Bedford. 
17 New Braintree. 

28 New Marlborough. 

20 New Salem. 

12 Newbury. 

12 Newburyport. 
11 Newton. 

9 Norfolk. 

26 North Adams. : 

13 North Andover. 
9 N. Attleborough. 

17 North Brookfield. 

14 North Reading. 

24 Northampton. 
16 Northborough. 

16 Northbridge. 

25 Northfield. 

5 Norton. 

8 Norwell. 

9 Norwood. 

2 Oak Bluffs. 

17 Oakham. 

19 Orange. 

3 Orleans. 
28 Otis. 

16 Oxford. 

21 Palmer. 

17 Paxton. 

14 Peabody. 

20 Pelham. 

7 Pembroke. 

15 Pepperell. 

27 Peru. 

20 Petersham. 
19 Phillipston. 
27 Pittsfield. 



DISTRICTS, CITIES AND TOWNS. 159 



25 Plainfield. 
9 Plainville. 

6 Plymouth. 

7 Plympton. 
20 Prescott. 

18 Princeton. 

3 Provincetown. 

8 Quincy. 

8 Randolph. 

5 Raynham. 
14 Reading. 

5 Rehoboth. 
14 Revere. 

27 Richmond. 

4 Rochester. 
8 Rockland. 

12 Rockport. 

26 Rowe. 

12 Rowley. 

19 Royalston. 

23 Russell. 
17 Rutland. 
14 Salem. 

13 Salisbury. 

28 Sandisfield. 
3 Sandwich. 

14 Saugus. 
26 Savoy. 

8 Scituate. 

5 Seekonk. 

9 Sharon. 
28 Sheffield. 
25 Shelburne. 

10 Sherborn. 

15 Shirley. 

16 Shrewsbury. 

20 Shutesbury. 
5 Somerset. 

11 Somerville. 

22 South Hadley. 

24 Southampton. 
10 Southborough. 



21 Southbridge. 
23 Southwick. 

17 Spencer. 

22 Springfield. 

18 Sterling. 

28 Stockbridge. 

14 Stoneham. 
9 Stoughton. 

15 Stow. 

21 Sturbridge. 
10 Sudbury. 
25 Sunderland. 

16 Sutton. 

14 Swampscott. 
5 Swansea. 

5 Taunton. 

19 Templeton. 

13 Tewksbury. 

2 Tisbifry. 

23 Tolland. 

14 Topsfield. 

18 Townsend. 

3 Truro. 

15 Tyngsborough. 
28 Tyringham. 

16 Upton. 
16 Uxbridge. 
14 Wakefield. 
21 Wales. 

9 Walpole. 

10 Waltham. 

20 Ware. 

6 Wareham. 

21 Warren. 

19 Warwick. 
27 Washington. 

11 Watertown. 
10 Wayland. 
16 Webster. 
10 Wellesley. 

3 Wellfleet. 
19 Wendell. 



160 DISTRICTS, CITIES AND TOWNS. 



12 Wenham. 

17 West Boylston. 

7 West Bridgewater. 

21 West Brookfield. 
12 West Newbury. 

22 West Springfield. 
28 West Stockbridge. 

2 West Tisbury. 
16 Westborough. 

23 Westfield. 
15 Westford. 

24 Westhampton. 

18 Westminster. 
10 Weston. 

4 Westport. 
9 Westwood. 



8 Weymouth. 

25 Whately. 
7 Whitman. 

22 Wilbraham. 
24 Williamsburg. 

26 Williamstown. 

13 Wilmington. 
19 Winchendon. 

14 Winchester. 

27 Windsor. 
11 Winthrop. 
14 Woburn. 
17 Worcester. 
24 "W ..thington. 

9 Wrentham. 
3 Yarmouth. 



/ 



DEPUTIES AND DISTRICTS. 



161 



LIST OF CITIES AND TOWNS INCLUDED IN EACH 
DISTRICT ASSIGNED TO DEPUTY FISH AND 
GAME COMMISSIONERS. 

District No. 1. 

Deputy William H. Jones, Nantucket. 

Telephone, Nantucket 791. 
District No. 2. 

Deputy Allan Keniston, Edgartown. 
Telephone, 6-2. 

Gosnold. 



Chilmark. 
Edgartown 
Falmouth. 
Gay Head. 



Oak Bluffs. 
Tisbury. 
West Tisbury. 



District No. 3. 



Deputy Everett B. Mecarta, Harwich. 
Telephone, 36. 



Barnstable. 

Bourne. 

Brewster. 

Chatham. 

Dennis. 

Eastham. 

Harwich. 



Mashpee. 

Orleans. 

Provincetown. 

Sandwich. 

Truro. 

Wellflect. 

Yarmouth. 



District No. 4. 

Deputy Samuel J. Lowe, New Bedford. 
Telephone, 1153. 

Mattapoisett. 



Acushnet. 

Dartmouth 

Fairhaven. 

Freetown. 

Marion. 



New Bedford. 

Rochester. 

Westport. 



162 



DEPUTIES AND DISTRICTS. 



District No. 5. 

Deputy Allen A. David, Taunton. 

Telephone, 966. 

Attleborough. Rehoboth. 

Berkley. Seekonk. 

Dighton. Somerset. 

Fall River. Swansea. 

Norton. Taunton. 
Raynham. 



District No. 6. 

Deputy Nathan W. Pratt, Middleborough. 
Telephone, 194-X. 



Carver. 


Plymouth. 


Lakeville, 


Wareham. 


Middleborough. 




District 


; No. 7. 


Deputy Charles E. 


Tribou, Brockton. 


Telephoi 


le, 2101. 


Avon. 


Hansen. 


Bridgewater. 


Kingston. 


Brockton. 


Pembroke. 


Duxbury. 


Plympton. 


East Bridgewater. 


West Bridgewater. 


Easton. 


Whitman. 


Halifax. 




District 


. No. 8. 


Deputy 




Abington. 


Marshfield. 


Braintree. 


Norwell. 


Cohasset. 


Quincy. 


Hanover. 


Randolph. 


Hingham. 


Rockland. 


Holbrook. 


Scituate. 


Hull. 


Weymouth. 



DEPUTIES AND DISTRICTS. 



163 



District No. 9. 

Deputy William H. Leonard, East Foxborough. 
Telephone, 85-3. 

North Attleborough. 

Norwood. 

Plainville. 



Bellingham. 

Canton. 

Boxborough. 

Franklin. 

Mansfield. 

Medfield. 

Medway. 

Millis. 

Norfolk. 



Sharon. 

Stoughton. 

Walpole. 

Westwood. 

Wrentham. 



District No. 10. 

Deputy James E. Bemis, Framingham. 

Telephone, 564-M. 



Ashland. 

Berlin. 

Dover. 

Framingham. 

Holliston. 

Hopkinton. 

Hudson. 

Lincoln. 

Marlborough. 



Milford. 

Natick. 

Sherborn. 

Southborough. 

Sudbury. 

Waltham. 

Way land. 

Wellesley. 

Weston. 



District No. 11. 

Deputy Frederick W. Goodwin, East Boston. 

Telephone, 515-2. 



Arlington. 

Belmont. 

Boston. 

Brookline. 

Cambridge. 

Chelsea. 

Dedham. 

Everett. 



Hyde Park. 

Milton. 

Needham. 

Newton. 

Somerville. 

Watertown. 

Winthrop. 



164 



DEPUTIES AND DISTRICTS. 



District No. 12. 

Deputy Carl E. Grant, Gloucester. 
Telephone, 1323-M. 



Beverly. 

Essex. 

Georgetown. 

Gloucester. 

Hamilton. 

Ipswich. 

Manchester. 



Newbury. 

Newburyport. 

Rockport. 

Rowley. 

Wenham. 

West Newbury. 



* District No. 13. 



Deputy Walter A. Larkin, Andover. 
Telephone, 408. 

George W. Piper, Andover. 
Telephone, 471. At large. 



Amesbury. 

Andover. 

Bedford. 

Billerica. 

Boxford. 

Burlington. 

Dracut. 

Groveland. 

Haverhill. 



Lawrence. 

Lowell. 

Merrimac. 

Methuen. 

North Andover. 

Salisbury. 

Tewksbury. 

Wilmington. 



District No. 14. 

Deputy Thomas L. Burney, Lynn. 

Telephone, 4565. 



Danvers. 

Lexington. 

Lynn. 

Lynnfield. 

Maiden. 

Marblehead. 

Medford. 

Melrose. 

Middleton. 

Nahant. 

North Reading. 



Peabody. 

Reading. 

Revere. 

Salem. 

Saugus. 

Stoneham. 

Swampscott. 

Topsfield. 

Wakefield. 

Winchester. 

Woburn. 



DEPUTIES AND DISTRICTS. 



165 



District No. 15. 


Deputy 




Acton. 


Harvard. 


Ayer. 


Littleton. 


Bolton. 


Maynard. 


Boxborough. 


Pepperell. 


Carlisle. 


Shirley. 


Chelmsford. 


Stow. 


Concord. 


Tyngsborough. 


Dunstable. 


Westford. 


Groton. 




District 


No. 18. 



Deputy Elmer A. M acker, North Grafton. 
Telephone, 6,0. 



Blackstone. 

Douglas. 

Grafton. 

Hopedale. 

Mendon. 

Millbury. 

Northborough. 

Northbridge. 



Oxford. 

Shrewsbury. 

Sutton. 

Upton. 

Uxbridge. 

Webster. 

Westborough. 



District No. 17. 



Deputy Jay Snell, Worcester. 
Telephone, Cedar 442-M. 



Auburn. 

Boylston. 

Brookfield. 

Clinton. 

Holden. 

Leicester. 

New Braintree. 



North Brookfield. 

Oakham. 

Paxton. 

Rutland. 

Spencer. 

West Boylston. 

Worcester. 



166 



DEPUTIES AND DISTRICTS. 



District No. 18. 

Deputy Irving O. Converse, Fitchburg. 
Telephone, 1930. 



Ashby. 

Ashburnham. 

Fitchburg. 

Lancaster. 

Leominster. 



Lunenburg. 

Princeton. 

Sterling. 

Townsend. 

Westminster. 



District No. 19. 

Deputy Albert L. Stratton, Gardner. 
Telephone, 543. 



Athol. 

Erving. 

Gardner. 

Hubbardston. 

Orange. 

Phillipston. 



Royalston. 
Templeton . 
Warwick. 
Wendell. 
Winchendon. 



Barre. 

Belchertown. 

Dana. 

Enfield.^ 

Greenwich. 

Hardwick. 



District No. 20. 

Deputy Dennis F. Shea, Ware. 
Telephone, 132. 

New Salem. 



Pelham. 

Petersham. 

Prescott. 

Shutesbury. 

Ware. 



District No. 21. 

Deputy John F. Luman, Palmer. 
Telephone, 136. 



Brimfield. 


Southbridge. 


Charlton. 


Sturbridge. 


Dudley. 


Wales. 


Holland. 


Warren. 


Monson. 


West Brookfield. 


Palmer. 





DEPUTIES AND DISTRICTS. 



167 



District No. 22. 



Deputy James P. Hatch, Springfield. 
Telephone, 5582. 



Agawam. 

Amherst. 

Chicopee. 

East Longmeadow. 

Granby. 

Hadley. 

Hampden. 


Holyoke. 

Longmeadow. 

Ludlow. 

South Hadley. 

Springfield. 

West Springfield. 

Wilbraham. 


District No. 23. 


Deputy Peter P. ]\ 

Telepho 

Blandford. 

Chester. 

Granville. 

Huntington. 

Middlefield. 


Ionahan, Westfield 

ne, 710. 

Montgomery. 

Russell. 

Southwick. 

Tolland. 

Westfield. 



District No. 24. 

Deputy P. F. McCarthy, Easthampton. 
Telephone, 109. 



Chesterfield. 

Cummington. 

Easthampton. 

Goshen. 

Hatfield. 



Northampton. 

Southampton. 

Westhampton. 

Williamsburg. 

Worthington. 



District No. 25. 

Deputy Lyman E. Ruberg, Greenfield. 
Telephone, 585. 



Ashfield. 


Conway. 


Bernardston. 


Deerfield. 


Buckland. 


Gill. 


Colrain. 


Greenfield. 



168 



DEPUTIES AND DISTRICTS. 






Leverett. 
Leyden. 
Montague. 
Northfield. 



Plainfield. 
Shelburne. 
Sunderland. 
Whately. 



District No. 26. 

Deputy Arthur M. Nichols, North Adams. 
Telephone, 537. 



Adams. 




Monroe. 




Charlemont. 




New Ashford. 




Cheshire. 




North Adams. 




Clarksburg. 




Rowe. 




Florida. 




Savoy. 




Hawley. 




Williamstown. 




Heath. 










District 


No. 27. 




Deputy 


Fred R. Zeigler, Pittsfield. 






Telephone, 42. 




Becket. 




Peru. 




Dalton. 




Pittsfield. 




Hancock. 




Richmond. 




Hinsdale. 




Washington. 




Lanesborough 


• 


Windsor. 






District 


No. 28. 


, » 


Deputy 


William 


W. Sargood, Lee. 






Telephon 


e, 205-3. 


• 


Alford. 




New Marlborough. 


J 


Egremont. 




Otis. 


Great Barrington. 


Sandisfield. 


> 


Lee. 




Sheffield. 


«. 


Lenox. 




Stockbridge. 




Monterey. 




Tyringham. 


i 


Mount Washington. 


West Stockbridge. 


1* 



^ 



